II 

114TH CONGRESS 

1ST SESSION S. 1123 

To reform the authorities of the Federal Government to require the production 

of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information 

gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2015 

Mr. LEE (for himself, Mr. LEAHY, Mr. HELLER, Mr. DURBIN, Mr. CRUZ, Mr. 

FRANKEN, Ms. MURKOWSKI, Mr. BLUMENTHAL, Mr. DAINES, and Mr. 

SCHUMER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reform the authorities of the Federal Government to 

require the production of certain business records, conduct electronic surveillance, use pen registers and trap 

and trace devices, and use other forms of information 

gathering for foreign intelligence, counterterrorism, and 

criminal purposes, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Uniting and Strengthening America by Fulfilling Rights 

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1 and Ensuring Effective Discipline Over Monitoring Act of 

2 2015’’ or the ‘‘USA FREEDOM Act of 2015’’. 

3 (b) TABLE OF CONTENTS.—The table of contents for 

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. 

TITLE I—FISA BUSINESS RECORDS REFORMS 

Sec. 101. Additional requirements for call detail records. 

Sec. 102. Emergency authority. 

Sec. 103. Prohibition on bulk collection of tangible things. 

Sec. 104. Judicial review. 

Sec. 105. Liability protection. 

Sec. 106. Compensation for assistance. 

Sec. 107. Definitions. 

Sec. 108. Inspector General reports on business records orders. 

Sec. 109. Effective date. 

Sec. 110. Rule of construction. 

TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE 

REFORM 

Sec. 201. Prohibition on bulk collection. 

Sec. 202. Privacy procedures. 

TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE 

THE UNITED STATES REFORMS 

Sec. 301. Limits on use of unlawfully obtained information. 

TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT 

REFORMS 

Sec. 401. Appointment of amicus curiae. 

Sec. 402. Declassification of decisions, orders, and opinions. 

TITLE V—NATIONAL SECURITY LETTER REFORM 

Sec. 501. Prohibition on bulk collection. 

Sec. 502. Limitations on disclosure of national security letters. 

Sec. 503. Judicial review. 

TITLE VI—FISA TRANSPARENCY AND REPORTING 

REQUIREMENTS 

Sec. 601. Additional reporting on orders requiring production of business 

records; business records compliance reports to Congress. 

Sec. 602. Annual reports by the Government. 

Sec. 603. Public reporting by persons subject to FISA orders. 

Sec. 604. Reporting requirements for decisions, orders, and opinions of the 

Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review. 

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Sec. 605. Submission of reports under FISA. 

TITLE VII—ENHANCED NATIONAL SECURITY PROVISIONS 

Sec. 701. Emergencies involving non-United States persons. 

Sec. 702. Preservation of treatment of non-United States persons traveling outside the United States as agents of foreign powers. 

Sec. 703. Improvement to investigations of international proliferation of weapons of mass destruction. 

Sec. 704. Increase in penalties for material support of foreign terrorist organizations. 

Sec. 705. Sunsets. 

TITLE VIII—SAFETY OF MARITIME NAVIGATION AND NUCLEAR 

TERRORISM CONVENTIONS IMPLEMENTATION 

Subtitle A—Safety of Maritime Navigation 

Sec. 801. Amendment to section 2280 of title 18, United States Code. 

Sec. 802. New section 2280a of title 18, United States Code. 

Sec. 803. Amendments to section 2281 of title 18, United States Code. 

Sec. 804. New section 2281a of title 18, United States Code. 

Sec. 805. Ancillary measure. 

Subtitle B—Prevention of Nuclear Terrorism 

Sec. 811. New section 2332i of title 18, United States Code. 

Sec. 812. Amendment to section 831 of title 18, United States Code. 

1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 

2 SURVEILLANCE ACT OF 1978. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or a repeal of, a section or other 

6 provision, the reference shall be considered to be made to 

7 a section or other provision of the Foreign Intelligence 

8 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 

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1 TITLE I—FISA BUSINESS 

2 RECORDS REFORMS 

3 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 

4 RECORDS. 

5 (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 

6 1861(b)(2)) is amended— 

7 (1) in subparagraph (A)— 

8 (A) in the matter preceding clause (i), by 

9 striking ‘‘a statement’’ and inserting ‘‘in the 

10 case of an application other than an application 

11 described in subparagraph (C) (including an ap12 plication for the production of call detail 

13 records other than in the manner described in 

14 subparagraph (C)), a statement’’; and 

15 (B) in clause (iii), by striking ‘‘; and’’ and 

16 inserting a semicolon; 

17 (2) by redesignating subparagraphs (A) and 

18 (B) as subparagraphs (B) and (D), respectively; and 

19 (3) by inserting after subparagraph (B) (as so 

20 redesignated) the following new subparagraph: 

21 ‘‘(C) in the case of an application for the 

22 production on an ongoing basis of call detail 

23 records created before, on, or after the date of 

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1 ducted in accordance with subsection (a)(2) to 

2 protect against international terrorism, a state3 ment of facts showing that— 

4 ‘‘(i) there are reasonable grounds to 

5 believe that the call detail records sought 

6 to be produced based on the specific selec7 tion term required under subparagraph (A) 

8 are relevant to such investigation; and 

9 ‘‘(ii) there is a reasonable, articulable 

10 suspicion that such specific selection term 

11 is associated with a foreign power engaged 

12 in international terrorism or activities in 

13 preparation therefor, or an agent of a for14 eign power engaged in international ter15 rorism or activities in preparation therefor; 

16 and’’. 

17 (b) ORDER.—Section 501(c)(2) (50 U.S.C. 

18 1861(c)(2)) is amended— 

19 (1) in subparagraph (D), by striking ‘‘; and’’ 

20 and inserting a semicolon; 

21 (2) in subparagraph (E), by striking the period 

22 and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new sub24 paragraph: 

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1 ‘‘(F) in the case of an application de2 scribed in subsection (b)(2)(C), shall— 

3 ‘‘(i) authorize the production on a 

4 daily basis of call detail records for a pe5 riod not to exceed 180 days; 

6 ‘‘(ii) provide that an order for such 

7 production may be extended upon applica8 tion under subsection (b) and the judicial 

9 finding under paragraph (1) of this sub10 section; 

11 ‘‘(iii) provide that the Government 

12 may require the prompt production of a 

13 first set of call detail records using the 

14 specific selection term that satisfies the 

15 standard required under subsection 

16 (b)(2)(C)(ii); 

17 ‘‘(iv) provide that the Government 

18 may require the prompt production of a 

19 second set of call detail records using ses20 sion-identifying information or a telephone 

21 calling card number identified by the spe22 cific selection term used to produce call de23 tail records under clause (iii); 

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1 ‘‘(v) provide that, when produced, 

2 such records be in a form that will be use3 ful to the Government; 

4 ‘‘(vi) direct each person the Govern5 ment directs to produce call detail records 

6 under the order to furnish the Government 

7 forthwith all information, facilities, or 

8 technical assistance necessary to accom9 plish the production in such a manner as 

10 will protect the secrecy of the production 

11 and produce a minimum of interference 

12 with the services that such person is pro13 viding to each subject of the production; 

14 and 

15 ‘‘(vii) direct the Government to— 

16 ‘‘(I) adopt minimization proce17 dures that require the prompt de18 struction of all call detail records pro19 duced under the order that the Gov20 ernment determines are not foreign 

21 intelligence information; and 

22 ‘‘(II) destroy all call detail 

23 records produced under the order as 

24 prescribed by such procedures.’’. 

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1 SEC. 102. EMERGENCY AUTHORITY. 

2 (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF

6 TANGIBLE THINGS.— 

7 ‘‘(1) Notwithstanding any other provision of 

8 this section, the Attorney General may require the 

9 emergency production of tangible things if the Attor10 ney General— 

11 ‘‘(A) reasonably determines that an emer12 gency situation requires the production of tan13 gible things before an order authorizing such 

14 production can with due diligence be obtained; 

15 ‘‘(B) reasonably determines that the fac16 tual basis for the issuance of an order under 

17 this section to approve such production of tan18 gible things exists; 

19 ‘‘(C) informs, either personally or through 

20 a designee, a judge having jurisdiction under 

21 this section at the time the Attorney General 

22 requires the emergency production of tangible 

23 things that the decision has been made to em24 ploy the authority under this subsection; and 

25 ‘‘(D) makes an application in accordance 

26 with this section to a judge having jurisdiction 

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1 under this section as soon as practicable, but 

2 not later than 7 days after the Attorney Gen3 eral requires the emergency production of tan4 gible things under this subsection. 

5 ‘‘(2) If the Attorney General requires the emer6 gency production of tangible things under paragraph 

7 (1), the Attorney General shall require that the 

8 minimization procedures required by this section for 

9 the issuance of a judicial order be followed. 

10 ‘‘(3) In the absence of a judicial order approv11 ing the production of tangible things under this sub12 section, the production shall terminate when the in13 formation sought is obtained, when the application 

14 for the order is denied, or after the expiration of 7 

15 days from the time the Attorney General begins re16 quiring the emergency production of such tangible 

17 things, whichever is earliest. 

18 ‘‘(4) A denial of the application made under 

19 this subsection may be reviewed as provided in sec20 tion 103. 

21 ‘‘(5) If such application for approval is denied, 

22 or in any other case where the production of tangible 

23 things is terminated and no order is issued approv24 ing the production, no information obtained or evi25 dence derived from such production shall be received 

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1 in evidence or otherwise disclosed in any trial, hear2 ing, or other proceeding in or before any court, 

3 grand jury, department, office, agency, regulatory 

4 body, legislative committee, or other authority of the 

5 United States, a State, or a political subdivision 

6 thereof, and no information concerning any United 

7 States person acquired from such production shall 

8 subsequently be used or disclosed in any other man9 ner by Federal officers or employees without the 

10 consent of such person, except with the approval of 

11 the Attorney General if the information indicates a 

12 threat of death or serious bodily harm to any per13 son. 

14 ‘‘(6) The Attorney General shall assess compli15 ance with the requirements of paragraph (5).’’. 

16 (b) CONFORMING AMENDMENT.—Section 501(d) (50 

17 U.S.C. 1861(d)) is amended— 

18 (1) in paragraph (1)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘pursuant to an order’’ and in21 serting ‘‘pursuant to an order issued or an 

22 emergency production required’’; 

23 (B) in subparagraph (A), by striking ‘‘such 

24 order’’ and inserting ‘‘such order or such emer25 gency production’’; and 

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1 (C) in subparagraph (B), by striking ‘‘the 

2 order’’ and inserting ‘‘the order or the emer3 gency production’’; and 

4 (2) in paragraph (2)— 

5 (A) in subparagraph (A), by striking ‘‘an 

6 order’’ and inserting ‘‘an order or emergency 

7 production’’; and 

8 (B) in subparagraph (B), by striking ‘‘an 

9 order’’ and inserting ‘‘an order or emergency 

10 production’’. 

11 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN12 GIBLE THINGS. 

13 (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 

14 1861(b)(2)), as amended by section 101(a) of this Act, 

15 is further amended by inserting before subparagraph (B), 

16 as redesignated by such section 101(a) of this Act, the 

17 following new subparagraph: 

18 ‘‘(A) a specific selection term to be used as 

19 the basis for the production of the tangible 

20 things sought;’’. 

21 (b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 

22 amended— 

23 (1) in paragraph (2)(A), by striking the semi24 colon and inserting ‘‘, including each specific selecmstockstill on DSK4VPTVN1PROD with BILLS

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1 tion term to be used as the basis for the produc2 tion;’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(3) No order issued under this subsection may 

6 authorize the collection of tangible things without 

7 the use of a specific selection term that meets the 

8 requirements of subsection (b)(2).’’. 

9 SEC. 104. JUDICIAL REVIEW. 

10 (a) MINIMIZATION PROCEDURES.— 

11 (1) JUDICIAL REVIEW.—Section 501(c)(1) (50 

12 U.S.C. 1861(c)(1)) is amended by inserting after 

13 ‘‘subsections (a) and (b)’’ the following: ‘‘and that 

14 the minimization procedures submitted in accord15 ance with subsection (b)(2)(D) meet the definition of 

16 minimization procedures under subsection (g)’’. 

17 (2) RULE OF CONSTRUCTION.—Section 501(g) 

18 (50 U.S.C. 1861(g)) is amended by adding at the 

19 end the following new paragraph: 

20 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection shall limit the authority of the court 

22 established under section 103(a) to impose addi23 tional, particularized minimization procedures with 

24 regard to the production, retention, or dissemination 

25 of nonpublicly available information concerning 

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1 unconsenting United States persons, including addi2 tional, particularized procedures related to the de3 struction of information within a reasonable time pe4 riod.’’. 

5 (3) TECHNICAL AND CONFORMING AMEND6 MENT.—Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 

7 amended— 

8 (A) by striking ‘‘Not later than 180 days 

9 after the date of the enactment of the USA PA10 TRIOT Improvement and Reauthorization Act 

11 of 2005, the’’ and inserting ‘‘The’’; and 

12 (B) by inserting after ‘‘adopt’’ the fol13 lowing: ‘‘, and update as appropriate,’’. 

14 (b) ORDERS.—Section 501(f)(2) (50 U.S.C. 

15 1861(f)(2)) is amended— 

16 (1) in subparagraph (A)(i)— 

17 (A) by striking ‘‘that order’’ and inserting 

18 ‘‘the production order or any nondisclosure 

19 order imposed in connection with the produc20 tion order’’; and 

21 (B) by striking the second sentence; and 

22 (2) in subparagraph (C)— 

23 (A) by striking clause (ii); and 

24 (B) by redesignating clause (iii) as clause 

25 (ii). 

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1 SEC. 105. LIABILITY PROTECTION. 

2 Section 501(e) (50 U.S.C. 1861(e)) is amended to 

3 read as follows: 

4 ‘‘(e)(1) No cause of action shall lie in any court 

5 against a person who— 

6 ‘‘(A) produces tangible things or provides infor7 mation, facilities, or technical assistance in accord8 ance with an order issued or an emergency produc9 tion required under this section; or 

10 ‘‘(B) otherwise provides technical assistance to 

11 the Government under this section or to implement 

12 the amendments made to this section by the USA 

13 FREEDOM Act of 2015. 

14 ‘‘(2) A production or provision of information, facili15 ties, or technical assistance described in paragraph (1) 

16 shall not be deemed to constitute a waiver of any privilege 

17 in any other proceeding or context.’’. 

18 SEC. 106. COMPENSATION FOR ASSISTANCE. 

19 Section 501 (50 U.S.C. 1861), as amended by section 

20 102 of this Act, is further amended by adding at the end 

21 the following new subsection: 

22 ‘‘(j) COMPENSATION.—The Government shall com23 pensate a person for reasonable expenses incurred for— 

24 ‘‘(1) producing tangible things or providing in25 formation, facilities, or assistance in accordance with 

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1 scribed in subsection (b)(2)(C) or an emergency pro2 duction under subsection (i) that, to comply with 

3 subsection (i)(1)(D), requires an application de4 scribed in subsection (b)(2)(C); or 

5 ‘‘(2) otherwise providing technical assistance to 

6 the Government under this section or to implement 

7 the amendments made to this section by the USA 

8 FREEDOM Act of 2015.’’. 

9 SEC. 107. DEFINITIONS. 

10 Section 501 (50 U.S.C. 1861), as amended by section 

11 106 of this Act, is further amended by adding at the end 

12 the following new subsection: 

13 ‘‘(k) DEFINITIONS.—In this section: 

14 ‘‘(1) IN GENERAL.—The terms ‘foreign power’, 

15 ‘agent of a foreign power’, ‘international terrorism’, 

16 ‘foreign intelligence information’, ‘Attorney General’, 

17 ‘United States person’, ‘United States’, ‘person’, and 

18 ‘State’ have the meanings provided those terms in 

19 section 101. 

20 ‘‘(2) ADDRESS.—The term ‘address’ means a 

21 physical address or electronic address, such as an 

22 electronic mail address or temporarily assigned net23 work address (including an Internet protocol ad24 dress). 

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1 ‘‘(3) CALL DETAIL RECORD.—The term ‘call de2 tail record’— 

3 ‘‘(A) means session-identifying information 

4 (including an originating or terminating tele5 phone number, an International Mobile Sub6 scriber Identity number, or an International 

7 Mobile Station Equipment Identity number), a 

8 telephone calling card number, or the time or 

9 duration of a call; and 

10 ‘‘(B) does not include— 

11 ‘‘(i) the contents (as defined in section 

12 2510(8) of title 18, United States Code) of 

13 any communication; 

14 ‘‘(ii) the name, address, or financial 

15 information of a subscriber or customer; or 

16 ‘‘(iii) cell site location or global posi17 tioning system information. 

18 ‘‘(4) SPECIFIC SELECTION TERM.— 

19 ‘‘(A) TANGIBLE THINGS.— 

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in subparagraph (B), a ‘specific se22 lection term’— 

23 ‘‘(I) is a term that specifically 

24 identifies a person, account, address, 

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1 or personal device, or any other spe2 cific identifier; and 

3 ‘‘(II) is used to limit, to the 

4 greatest extent reasonably practicable, 

5 the scope of tangible things sought 

6 consistent with the purpose for seek7 ing the tangible things. 

8 ‘‘(ii) LIMITATION.—A specific selec9 tion term under clause (i) does not include 

10 an identifier that does not limit, to the 

11 greatest extent reasonably practicable, the 

12 scope of tangible things sought consistent 

13 with the purpose for seeking the tangible 

14 things, such as an identifier that— 

15 ‘‘(I) identifies an electronic com16 munication service provider (as that 

17 term is defined in section 701) or a 

18 provider of remote computing service 

19 (as that term is defined in section 

20 2711 of title 18, United States Code), 

21 when not used as part of a specific 

22 identifier as described in clause (i), 

23 unless the provider is itself a subject 

24 of an authorized investigation for 

25 which the specific selection term is 

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1 used as the basis for the production; 

2 or 

3 ‘‘(II) identifies a broad geo4 graphic region, including the United 

5 States, a city, a county, a State, a zip 

6 code, or an area code, when not used 

7 as part of a specific identifier as de8 scribed in clause (i). 

9 ‘‘(iii) RULE OF CONSTRUCTION.— 

10 Nothing in this paragraph shall be con11 strued to preclude the use of multiple 

12 terms or identifiers to meet the require13 ments of clause (i). 

14 ‘‘(B) CALL DETAIL RECORD APPLICA15 TIONS.—For purposes of an application sub16 mitted under subsection (b)(2)(C), the term 

17 ‘specific selection term’ means a term that spe18 cifically identifies an individual, account, or per19 sonal device.’’. 

20 SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 

21 RECORDS ORDERS. 

22 Section 106A of the USA PATRIOT Improvement 

23 and Reauthorization Act of 2005 (Public Law 109–177; 

24 120 Stat. 200) is amended— 

25 (1) in subsection (b)— 

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1 (A) in paragraph (1), by inserting ‘‘and 

2 calendar years 2012 through 2014’’ after 

3 ‘‘2006’’; 

4 (B) by striking paragraphs (2) and (3); 

5 (C) by redesignating paragraphs (4) and 

6 (5) as paragraphs (2) and (3), respectively; and 

7 (D) in paragraph (3) (as so redesig8 nated)— 

9 (i) by striking subparagraph (C) and 

10 inserting the following new subparagraph: 

11 ‘‘(C) with respect to calendar years 2012 

12 through 2014, an examination of the minimiza13 tion procedures used in relation to orders under 

14 section 501 of the Foreign Intelligence Surveil15 lance Act of 1978 (50 U.S.C. 1861) and wheth16 er the minimization procedures adequately pro17 tect the constitutional rights of United States 

18 persons;’’; and 

19 (ii) in subparagraph (D), by striking 

20 ‘‘(as such term is defined in section 3(4) of 

21 the National Security Act of 1947 (50 

22 U.S.C. 401a(4)))’’; 

23 (2) in subsection (c), by adding at the end the 

24 following new paragraph: 

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1 ‘‘(3) CALENDAR YEARS 2012 THROUGH 2014.— 

2 Not later than 1 year after the date of enactment 

3 of the USA FREEDOM Act of 2015, the Inspector 

4 General of the Department of Justice shall submit 

5 to the Committee on the Judiciary and the Select 

6 Committee on Intelligence of the Senate and the 

7 Committee on the Judiciary and the Permanent Se8 lect Committee on Intelligence of the House of Rep9 resentatives a report containing the results of the 

10 audit conducted under subsection (a) for calendar 

11 years 2012 through 2014.’’; 

12 (3) by redesignating subsections (d) and (e) as 

13 subsections (e) and (f), respectively; 

14 (4) by inserting after subsection (c) the fol15 lowing new subsection: 

16 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

17 ‘‘(1) IN GENERAL.—For the period beginning 

18 on January 1, 2012, and ending on December 31, 

19 2014, the Inspector General of the Intelligence Com20 munity shall assess— 

21 ‘‘(A) the importance of the information ac22 quired under title V of the Foreign Intelligence 

23 Surveillance Act of 1978 (50 U.S.C. 1861 et 

24 seq.) to the activities of the intelligence commu25 nity; 

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1 ‘‘(B) the manner in which that information 

2 was collected, retained, analyzed, and dissemi3 nated by the intelligence community; 

4 ‘‘(C) the minimization procedures used by 

5 elements of the intelligence community under 

6 such title and whether the minimization proce7 dures adequately protect the constitutional 

8 rights of United States persons; and 

9 ‘‘(D) any minimization procedures pro10 posed by an element of the intelligence commu11 nity under such title that were modified or de12 nied by the court established under section 

13 103(a) of such Act (50 U.S.C. 1803(a)). 

14 ‘‘(2) SUBMISSION DATE FOR ASSESSMENT.— 

15 Not later than 180 days after the date on which the 

16 Inspector General of the Department of Justice sub17 mits the report required under subsection (c)(3), the 

18 Inspector General of the Intelligence Community 

19 shall submit to the Committee on the Judiciary and 

20 the Select Committee on Intelligence of the Senate 

21 and the Committee on the Judiciary and the Perma22 nent Select Committee on Intelligence of the House 

23 of Representatives a report containing the results of 

24 the assessment for calendar years 2012 through 

25 2014.’’; 

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1 (5) in subsection (e), as redesignated by para2 graph (3)— 

3 (A) in paragraph (1)— 

4 (i) by striking ‘‘a report under sub5 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

6 report under subsection (c) or (d)’’; and 

7 (ii) by striking ‘‘Inspector General of 

8 the Department of Justice’’ and inserting 

9 ‘‘Inspector General of the Department of 

10 Justice, the Inspector General of the Intel11 ligence Community, and any Inspector 

12 General of an element of the intelligence 

13 community that prepares a report to assist 

14 the Inspector General of the Department 

15 of Justice or the Inspector General of the 

16 Intelligence Community in complying with 

17 the requirements of this section’’; and 

18 (B) in paragraph (2), by striking ‘‘the re19 ports submitted under subsections (c)(1) and 

20 (c)(2)’’ and inserting ‘‘any report submitted 

21 under subsection (c) or (d)’’; 

22 (6) in subsection (f), as redesignated by para23 graph (3)— 

24 (A) by striking ‘‘The reports submitted 

25 under subsections (c)(1) and (c)(2)’’ and insertmstockstill on DSK4VPTVN1PROD with BILLS

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1 ing ‘‘Each report submitted under subsection 

2 (c)’’; and 

3 (B) by striking ‘‘subsection (d)(2)’’ and in4 serting ‘‘subsection (e)(2)’’; and 

5 (7) by adding at the end the following new sub6 section: 

7 ‘‘(g) DEFINITIONS.—In this section: 

8 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 

9 ‘intelligence community’ has the meaning given that 

10 term in section 3 of the National Security Act of 

11 1947 (50 U.S.C. 3003). 

12 ‘‘(2) UNITED STATES PERSON.—The term 

13 ‘United States person’ has the meaning given that 

14 term in section 101 of the Foreign Intelligence Sur15 veillance Act of 1978 (50 U.S.C. 1801).’’. 

16 SEC. 109. EFFECTIVE DATE. 

17 (a) IN GENERAL.—The amendments made by sec18 tions 101 through 103 shall take effect on the date that 

19 is 180 days after the date of the enactment of this Act. 

20 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

21 shall be construed to alter or eliminate the authority of 

22 the Government to obtain an order under title V of the 

23 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

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1 scribed in subsection (a) during the period ending on such 

2 effective date. 

3 SEC. 110. RULE OF CONSTRUCTION. 

4 Nothing in this Act shall be construed to authorize 

5 the production of the contents (as such term is defined 

6 in section 2510(8) of title 18, United States Code) of any 

7 electronic communication from an electronic communica8 tion service provider (as such term is defined in section 

9 701(b)(4) of the Foreign Intelligence Surveillance Act of 

10 1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 

11 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

12 seq.). 

13 TITLE II—FISA PEN REGISTER 

14 AND TRAP AND TRACE DE15 VICE REFORM 

16 SEC. 201. PROHIBITION ON BULK COLLECTION. 

17 (a) PROHIBITION.—Section 402(c) (50 U.S.C. 

18 1842(c)) is amended— 

19 (1) in paragraph (1), by striking ‘‘; and’’ and 

20 inserting a semicolon; 

21 (2) in paragraph (2), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following new 

24 paragraph: 

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1 ‘‘(3) a specific selection term to be used as the 

2 basis for the use of the pen register or trap and 

3 trace device.’’. 

4 (b) DEFINITION.—Section 401 (50 U.S.C. 1841) is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(4)(A) The term ‘specific selection term’— 

8 ‘‘(i) is a term that specifically identifies a 

9 person, account, address, or personal device, or 

10 any other specific identifier; and 

11 ‘‘(ii) is used to limit, to the greatest extent 

12 reasonably practicable, the scope of information 

13 sought, consistent with the purpose for seeking 

14 the use of the pen register or trap and trace de15 vice. 

16 ‘‘(B) A specific selection term under subpara17 graph (A) does not include an identifier that does 

18 not limit, to the greatest extent reasonably prac19 ticable, the scope of information sought, consistent 

20 with the purpose for seeking the use of the pen reg21 ister or trap and trace device, such as an identifier 

22 that— 

23 ‘‘(i) identifies an electronic communication 

24 service provider (as that term is defined in sec25 tion 701) or a provider of remote computing 

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1 service (as that term is defined in section 2711 

2 of title 18, United States Code), when not used 

3 as part of a specific identifier as described in 

4 subparagraph (A), unless the provider is itself 

5 a subject of an authorized investigation for 

6 which the specific selection term is used as the 

7 basis for the use; or 

8 ‘‘(ii) identifies a broad geographic region, 

9 including the United States, a city, a county, a 

10 State, a zip code, or an area code, when not 

11 used as part of a specific identifier as described 

12 in subparagraph (A). 

13 ‘‘(C) For purposes of subparagraph (A), the 

14 term ‘address’ means a physical address or elec15 tronic address, such as an electronic mail address or 

16 temporarily assigned network address (including an 

17 Internet protocol address). 

18 ‘‘(D) Nothing in this paragraph shall be con19 strued to preclude the use of multiple terms or iden20 tifiers to meet the requirements of subparagraph 

21 (A).’’. 

22 SEC. 202. PRIVACY PROCEDURES. 

23 (a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is 

24 amended by adding at the end the following new sub25 section: 

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1 ‘‘(h) PRIVACY PROCEDURES.— 

2 ‘‘(1) IN GENERAL.—The Attorney General shall 

3 ensure that appropriate policies and procedures are 

4 in place to safeguard nonpublicly available informa5 tion concerning United States persons that is col6 lected through the use of a pen register or trap and 

7 trace device installed under this section. Such poli8 cies and procedures shall, to the maximum extent 

9 practicable and consistent with the need to protect 

10 national security, include privacy protections that 

11 apply to the collection, retention, and use of infor12 mation concerning United States persons. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection limits the authority of the court es15 tablished under section 103(a) or of the Attorney 

16 General to impose additional privacy or minimization 

17 procedures with regard to the installation or use of 

18 a pen register or trap and trace device.’’. 

19 (b) EMERGENCY AUTHORITY.—Section 403 (50 

20 U.S.C. 1843) is amended by adding at the end the fol21 lowing new subsection: 

22 ‘‘(d) PRIVACY PROCEDURES.—Information collected 

23 through the use of a pen register or trap and trace device 

24 installed under this section shall be subject to the policies 

25 and procedures required under section 402(h).’’. 

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1 TITLE III—FISA ACQUISITIONS 

2 TARGETING PERSONS OUT3 SIDE THE UNITED STATES RE4 FORMS 

5 SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED IN6 FORMATION. 

7 Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 

8 by adding at the end the following new subparagraph: 

9 ‘‘(D) LIMITATION ON USE OF INFORMA10 TION.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), if the Court orders a 

13 correction of a deficiency in a certification 

14 or procedures under subparagraph (B), no 

15 information obtained or evidence derived 

16 pursuant to the part of the certification or 

17 procedures that has been identified by the 

18 Court as deficient concerning any United 

19 States person shall be received in evidence 

20 or otherwise disclosed in any trial, hearing, 

21 or other proceeding in or before any court, 

22 grand jury, department, office, agency, 

23 regulatory body, legislative committee, or 

24 other authority of the United States, a 

25 State, or political subdivision thereof, and 

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1 no information concerning any United 

2 States person acquired pursuant to such 

3 part of such certification or procedures 

4 shall subsequently be used or disclosed in 

5 any other manner by Federal officers or 

6 employees without the consent of the 

7 United States person, except with the ap8 proval of the Attorney General if the infor9 mation indicates a threat of death or seri10 ous bodily harm to any person. 

11 ‘‘(ii) EXCEPTION.—If the Government 

12 corrects any deficiency identified by the 

13 order of the Court under subparagraph 

14 (B), the Court may permit the use or dis15 closure of information obtained before the 

16 date of the correction under such mini17 mization procedures as the Court may ap18 prove for purposes of this clause.’’. 

19 TITLE IV—FOREIGN INTEL20 LIGENCE SURVEILLANCE 

21 COURT REFORMS 

22 SEC. 401. APPOINTMENT OF AMICUS CURIAE. 

23 Section 103 (50 U.S.C. 1803) is amended by adding 

24 at the end the following new subsection: 

25 ‘‘(i) AMICUS CURIAE.— 

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1 ‘‘(1) DESIGNATION.—The presiding judges of 

2 the courts established under subsections (a) and (b) 

3 shall, not later than 180 days after the enactment 

4 of this subsection, jointly designate not fewer than 

5 5 individuals to be eligible to serve as amicus curiae, 

6 who shall serve pursuant to rules the presiding 

7 judges may establish. In designating such individ8 uals, the presiding judges may consider individuals 

9 recommended by any source, including members of 

10 the Privacy and Civil Liberties Oversight Board, the 

11 judges determine appropriate. 

12 ‘‘(2) AUTHORIZATION.—A court established 

13 under subsection (a) or (b), consistent with the re14 quirement of subsection (c) and any other statutory 

15 requirement that the court act expeditiously or with16 in a stated time— 

17 ‘‘(A) shall appoint an individual who has 

18 been designated under paragraph (1) to serve 

19 as amicus curiae to assist such court in the 

20 consideration of any application for an order or 

21 review that, in the opinion of the court, pre22 sents a novel or significant interpretation of the 

23 law, unless the court issues a finding that such 

24 appointment is not appropriate; and 

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1 ‘‘(B) may appoint an individual or organi2 zation to serve as amicus curiae, including to 

3 provide technical expertise, in any instance as 

4 such court deems appropriate or, upon motion, 

5 permit an individual or organization leave to 

6 file an amicus curiae brief. 

7 ‘‘(3) QUALIFICATIONS OF AMICUS CURIAE.— 

8 ‘‘(A) EXPERTISE.—Individuals designated 

9 under paragraph (1) shall be persons who pos10 sess expertise in privacy and civil liberties, in11 telligence collection, communications tech12 nology, or any other area that may lend legal 

13 or technical expertise to a court established 

14 under subsection (a) or (b). 

15 ‘‘(B) SECURITY CLEARANCE.—Individuals 

16 designated pursuant to paragraph (1) shall be 

17 persons who are determined to be eligible for 

18 access to classified information necessary to 

19 participate in matters before the courts. Amicus 

20 curiae appointed by the court pursuant to para21 graph (2) shall be persons who are determined 

22 to be eligible for access to classified informa23 tion, if such access is necessary to participate 

24 in the matters in which they may be appointed. 

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1 ‘‘(4) DUTIES.—If a court established under 

2 subsection (a) or (b) appoints an amicus curiae 

3 under paragraph (2)(A), the amicus curiae shall pro4 vide to the court, as appropriate— 

5 ‘‘(A) legal arguments that advance the pro6 tection of individual privacy and civil liberties; 

7 ‘‘(B) information related to intelligence 

8 collection or communications technology; or 

9 ‘‘(C) legal arguments or information re10 garding any other area relevant to the issue 

11 presented to the court. 

12 ‘‘(5) ASSISTANCE.—An amicus curiae appointed 

13 under paragraph (2)(A) may request that the court 

14 designate or appoint additional amici curiae pursu15 ant to paragraph (1) or paragraph (2), to be avail16 able to assist the amicus curiae. 

17 ‘‘(6) ACCESS TO INFORMATION.— 

18 ‘‘(A) IN GENERAL.—If a court established 

19 under subsection (a) or (b) appoints an amicus 

20 curiae under paragraph (2)(A), the amicus cu21 riae— 

22 ‘‘(i) shall have access to all relevant 

23 legal precedent, and any application, cer24 tification, petition, motion, or such other 

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1 evant to the duties of the amicus curiae; 

2 and 

3 ‘‘(ii) may, if the court determines that 

4 it is relevant to the duties of the amicus 

5 curiae, consult with any other individuals 

6 designated pursuant to paragraph (1) re7 garding information relevant to any as8 signed proceeding. 

9 ‘‘(B) BRIEFINGS.—The Attorney General 

10 may periodically brief or provide relevant mate11 rials to amicus curiae designated pursuant to 

12 paragraph (1) regarding constructions and in13 terpretations of this Act and legal, techno14 logical, and other issues related to actions au15 thorized by this Act. 

16 ‘‘(C) CLASSIFIED INFORMATION.—An ami17 cus curiae designated or appointed by the court 

18 may have access to classified documents, infor19 mation, and other materials or proceedings only 

20 if that individual is eligible for access to classi21 fied information and to the extent consistent 

22 with the national security of the United States. 

23 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

24 in this section shall be construed to require the 

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1 cus curiae appointed by the court that is privi2 leged from disclosure. 

3 ‘‘(7) NOTIFICATION.—A presiding judge of a 

4 court established under subsection (a) or (b) shall 

5 notify the Attorney General of each exercise of the 

6 authority to appoint an individual to serve as amicus 

7 curiae under paragraph (2). 

8 ‘‘(8) ASSISTANCE.—A court established under 

9 subsection (a) or (b) may request and receive (in10 cluding on a nonreimbursable basis) the assistance 

11 of the executive branch in the implementation of this 

12 subsection. 

13 ‘‘(9) ADMINISTRATION.—A court established 

14 under subsection (a) or (b) may provide for the des15 ignation, appointment, removal, training, or other 

16 support for an individual appointed to serve as ami17 cus curiae under paragraph (2) in a manner that is 

18 not inconsistent with this subsection. 

19 ‘‘(10) RECEIPT OF INFORMATION.—Nothing in 

20 this subsection shall limit the ability of a court es21 tablished under subsection (a) or (b) to request or 

22 receive information or materials from, or otherwise 

23 communicate with, the Government or amicus curiae 

24 appointed under paragraph (2) on an ex parte basis, 

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1 nor limit any special or heightened obligation in any 

2 ex parte communication or proceeding. 

3 ‘‘(j) REVIEW OF FISA COURT DECISIONS.—Fol4 lowing issuance of an order under this Act, a court estab5 lished under subsection (a) shall certify for review to the 

6 court established under subsection (b) any question of law 

7 that may affect resolution of the matter in controversy 

8 that the court determines warrants such review because 

9 of a need for uniformity or because consideration by the 

10 court established under subsection (b) would serve the in11 terests of justice. Upon certification of a question of law 

12 under this subsection, the court established under sub13 section (b) may give binding instructions or require the 

14 entire record to be sent up for decision of the entire matter 

15 in controversy. 

16 ‘‘(k) REVIEW OF FISA COURT OF REVIEW DECI17 SIONS.— 

18 ‘‘(1) CERTIFICATION.—For purposes of section 

19 1254(2) of title 28, United States Code, the court 

20 of review established under subsection (b) shall be 

21 considered to be a court of appeals. 

22 ‘‘(2) AMICUS CURIAE BRIEFING.—Upon certifi23 cation of an application under paragraph (1), the 

24 Supreme Court of the United States may appoint an 

25 amicus curiae designated under subsection (i)(1), or 

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1 any other person, to provide briefing or other assist2 ance.’’. 

3 SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 

4 OPINIONS. 

5 (a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 

6 et seq.) is amended— 

7 (1) in the heading, by striking ‘‘REPORT8 ING REQUIREMENT’’ and inserting ‘‘OVER9 SIGHT’’; and 

10 (2) by adding at the end the following new sec11 tion: 

12 ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 

13 ORDERS, AND OPINIONS. 

14 ‘‘(a) DECLASSIFICATION REQUIRED.—Subject to 

15 subsection (b), the Director of National Intelligence, in 

16 consultation with the Attorney General, shall conduct a 

17 declassification review of each decision, order, or opinion 

18 issued by the Foreign Intelligence Surveillance Court or 

19 the Foreign Intelligence Surveillance Court of Review (as 

20 defined in section 601(e)) that includes a significant con21 struction or interpretation of any provision of law, includ22 ing any novel or significant construction or interpretation 

23 of the term ‘specific selection term’, and, consistent with 

24 that review, make publicly available to the greatest extent 

25 practicable each such decision, order, or opinion. 

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1 ‘‘(b) REDACTED FORM.—The Director of National 

2 Intelligence, in consultation with the Attorney General, 

3 may satisfy the requirement under subsection (a) to make 

4 a decision, order, or opinion described in such subsection 

5 publicly available to the greatest extent practicable by 

6 making such decision, order, or opinion publicly available 

7 in redacted form. 

8 ‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 

9 National Intelligence, in consultation with the Attorney 

10 General, may waive the requirement to declassify and 

11 make publicly available a particular decision, order, or 

12 opinion under subsection (a), if— 

13 ‘‘(1) the Director of National Intelligence, in 

14 consultation with the Attorney General, determines 

15 that a waiver of such requirement is necessary to 

16 protect the national security of the United States or 

17 properly classified intelligence sources or methods; 

18 and 

19 ‘‘(2) the Director of National Intelligence 

20 makes publicly available an unclassified statement 

21 prepared by the Attorney General, in consultation 

22 with the Director of National Intelligence— 

23 ‘‘(A) summarizing the significant construc24 tion or interpretation of any provision of law, 

25 which shall include, to the extent consistent 

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1 with national security, a description of the con2 text in which the matter arises and any signifi3 cant construction or interpretation of any stat4 ute, constitutional provision, or other legal au5 thority relied on by the decision; and 

6 ‘‘(B) that specifies that the statement has 

7 been prepared by the Attorney General and 

8 constitutes no part of the opinion of the For9 eign Intelligence Surveillance Court or the For10 eign Intelligence Surveillance Court of Re11 view.’’. 

12 (b) TABLE OF CONTENTS AMENDMENTS.—The table 

13 of contents in the first section is amended— 

14 (1) by striking the item relating to title VI and 

15 inserting the following new item: 

‘‘TITLE VI—OVERSIGHT’’; 

16 and 

17 (2) by inserting after the item relating to sec18 tion 601 the following new item: 

‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. 

19 TITLE V—NATIONAL SECURITY 

20 LETTER REFORM 

21 SEC. 501. PROHIBITION ON BULK COLLECTION. 

22 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

23 TOLL AND TRANSACTIONAL RECORDS.—Section 2709(b) 

24 of title 18, United States Code, is amended in the matter 

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1 preceding paragraph (1) by striking ‘‘may’’ and inserting 

2 ‘‘may, using a term that specifically identifies a person, 

3 entity, telephone number, or account as the basis for a 

4 request’’. 

5 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

6 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

7 1114(a)(2) of the Right to Financial Privacy Act of 1978 

8 (12 U.S.C. 3414(a)(2)) is amended by striking the period 

9 and inserting ‘‘and a term that specifically identifies a cus10 tomer, entity, or account to be used as the basis for the 

11 production and disclosure of financial records.’’. 

12 (c) DISCLOSURES TO FBI OF CERTAIN CONSUMER

13 RECORDS FOR COUNTERINTELLIGENCE PURPOSES.—Sec14 tion 626 of the Fair Credit Reporting Act (15 U.S.C. 

15 1681u) is amended— 

16 (1) in subsection (a), by striking ‘‘that informa17 tion,’’ and inserting ‘‘that information that includes 

18 a term that specifically identifies a consumer or ac19 count to be used as the basis for the production of 

20 that information,’’; 

21 (2) in subsection (b), by striking ‘‘written re22 quest,’’ and inserting ‘‘written request that includes 

23 a term that specifically identifies a consumer or ac24 count to be used as the basis for the production of 

25 that information,’’; and 

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1 (3) in subsection (c), by inserting ‘‘, which shall 

2 include a term that specifically identifies a consumer 

3 or account to be used as the basis for the production 

4 of the information,’’ after ‘‘issue an order ex parte’’. 

5 (d) DISCLOSURES TO GOVERNMENTAL AGENCIES

6 FOR COUNTERTERRORISM PURPOSES OF CONSUMER RE7 PORTS.—Section 627(a) of the Fair Credit Reporting Act 

8 (15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 

9 and inserting ‘‘analysis and that includes a term that spe10 cifically identifies a consumer or account to be used as 

11 the basis for the production of such information.’’. 

12 SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE13 CURITY LETTERS. 

14 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

15 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

16 title 18, United States Code, is amended by striking sub17 section (c) and inserting the following new subsection: 

18 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

19 ‘‘(1) PROHIBITION.— 

20 ‘‘(A) IN GENERAL.—If a certification is 

21 issued under subparagraph (B) and notice of 

22 the right to judicial review under subsection (d) 

23 is provided, no wire or electronic communica24 tion service provider that receives a request 

25 under subsection (b), or officer, employee, or 

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1 agent thereof, shall disclose to any person that 

2 the Federal Bureau of Investigation has sought 

3 or obtained access to information or records 

4 under this section. 

5 ‘‘(B) CERTIFICATION.—The requirements 

6 of subparagraph (A) shall apply if the Director 

7 of the Federal Bureau of Investigation, or a 

8 designee of the Director whose rank shall be no 

9 lower than Deputy Assistant Director at Bu10 reau headquarters or a Special Agent in Charge 

11 of a Bureau field office, certifies that the ab12 sence of a prohibition of disclosure under this 

13 subsection may result in— 

14 ‘‘(i) a danger to the national security 

15 of the United States; 

16 ‘‘(ii) interference with a criminal, 

17 counterterrorism, or counterintelligence in18 vestigation; 

19 ‘‘(iii) interference with diplomatic re20 lations; or 

21 ‘‘(iv) danger to the life or physical 

22 safety of any person. 

23 ‘‘(2) EXCEPTION.— 

24 ‘‘(A) IN GENERAL.—A wire or electronic 

25 communication service provider that receives a 

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1 request under subsection (b), or officer, em2 ployee, or agent thereof, may disclose informa3 tion otherwise subject to any applicable non4 disclosure requirement to— 

5 ‘‘(i) those persons to whom disclosure 

6 is necessary in order to comply with the re7 quest; 

8 ‘‘(ii) an attorney in order to obtain 

9 legal advice or assistance regarding the re10 quest; or 

11 ‘‘(iii) other persons as permitted by 

12 the Director of the Federal Bureau of In13 vestigation or the designee of the Director. 

14 ‘‘(B) APPLICATION.—A person to whom 

15 disclosure is made under subparagraph (A) 

16 shall be subject to the nondisclosure require17 ments applicable to a person to whom a request 

18 is issued under subsection (b) in the same man19 ner as the person to whom the request is 

20 issued. 

21 ‘‘(C) NOTICE.—Any recipient that dis22 closes to a person described in subparagraph 

23 (A) information otherwise subject to a non24 disclosure requirement shall notify the person of 

25 the applicable nondisclosure requirement. 

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1 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE2 CIPIENTS.—At the request of the Director of 

3 the Federal Bureau of Investigation or the des4 ignee of the Director, any person making or in5 tending to make a disclosure under clause (i) or 

6 (iii) of subparagraph (A) shall identify to the 

7 Director or such designee the person to whom 

8 such disclosure will be made or to whom such 

9 disclosure was made prior to the request.’’. 

10 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

11 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

12 1114 of the Right to Financial Privacy Act of 1978 (12 

13 U.S.C. 3414) is amended— 

14 (1) in subsection (a)(5), by striking subpara15 graph (D); and 

16 (2) by inserting after subsection (b) the fol17 lowing new subsection: 

18 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

19 ‘‘(1) PROHIBITION.— 

20 ‘‘(A) IN GENERAL.—If a certification is 

21 issued under subparagraph (B) and notice of 

22 the right to judicial review under subsection (d) 

23 is provided, no financial institution that receives 

24 a request under subsection (a), or officer, em25 ployee, or agent thereof, shall disclose to any 

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1 person that the Federal Bureau of Investigation 

2 has sought or obtained access to information or 

3 records under subsection (a). 

4 ‘‘(B) CERTIFICATION.—The requirements 

5 of subparagraph (A) shall apply if the Director 

6 of the Federal Bureau of Investigation, or a 

7 designee of the Director whose rank shall be no 

8 lower than Deputy Assistant Director at Bu9 reau headquarters or a Special Agent in Charge 

10 of a Bureau field office, certifies that the ab11 sence of a prohibition of disclosure under this 

12 subsection may result in— 

13 ‘‘(i) a danger to the national security 

14 of the United States; 

15 ‘‘(ii) interference with a criminal, 

16 counterterrorism, or counterintelligence in17 vestigation; 

18 ‘‘(iii) interference with diplomatic re19 lations; or 

20 ‘‘(iv) danger to the life or physical 

21 safety of any person. 

22 ‘‘(2) EXCEPTION.— 

23 ‘‘(A) IN GENERAL.—A financial institution 

24 that receives a request under subsection (a), or 

25 officer, employee, or agent thereof, may disclose 

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1 information otherwise subject to any applicable 

2 nondisclosure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with the re5 quest; 

6 ‘‘(ii) an attorney in order to obtain 

7 legal advice or assistance regarding the re8 quest; or 

9 ‘‘(iii) other persons as permitted by 

10 the Director of the Federal Bureau of In11 vestigation or the designee of the Director. 

12 ‘‘(B) APPLICATION.—A person to whom 

13 disclosure is made under subparagraph (A) 

14 shall be subject to the nondisclosure require15 ments applicable to a person to whom a request 

16 is issued under subsection (a) in the same man17 ner as the person to whom the request is 

18 issued. 

19 ‘‘(C) NOTICE.—Any recipient that dis20 closes to a person described in subparagraph 

21 (A) information otherwise subject to a non22 disclosure requirement shall inform the person 

23 of the applicable nondisclosure requirement. 

24 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE25 CIPIENTS.—At the request of the Director of 

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1 the Federal Bureau of Investigation or the des2 ignee of the Director, any person making or in3 tending to make a disclosure under clause (i) or 

4 (iii) of subparagraph (A) shall identify to the 

5 Director or such designee the person to whom 

6 such disclosure will be made or to whom such 

7 disclosure was made prior to the request.’’. 

8 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

9 CREDIT REPORTS.—Section 626 of the Fair Credit Re10 porting Act (15 U.S.C. 1681u) is amended by striking 

11 subsection (d) and inserting the following new subsection: 

12 ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— 

13 ‘‘(1) PROHIBITION.— 

14 ‘‘(A) IN GENERAL.—If a certification is 

15 issued under subparagraph (B) and notice of 

16 the right to judicial review under subsection (e) 

17 is provided, no consumer reporting agency that 

18 receives a request under subsection (a) or (b) or 

19 an order under subsection (c), or officer, em20 ployee, or agent thereof, shall disclose or specify 

21 in any consumer report, that the Federal Bu22 reau of Investigation has sought or obtained ac23 cess to information or records under subsection 

24 (a), (b), or (c). 

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1 ‘‘(B) CERTIFICATION.—The requirements 

2 of subparagraph (A) shall apply if the Director 

3 of the Federal Bureau of Investigation, or a 

4 designee of the Director whose rank shall be no 

5 lower than Deputy Assistant Director at Bu6 reau headquarters or a Special Agent in Charge 

7 of a Bureau field office, certifies that the ab8 sence of a prohibition of disclosure under this 

9 subsection may result in— 

10 ‘‘(i) a danger to the national security 

11 of the United States; 

12 ‘‘(ii) interference with a criminal, 

13 counterterrorism, or counterintelligence in14 vestigation; 

15 ‘‘(iii) interference with diplomatic re16 lations; or 

17 ‘‘(iv) danger to the life or physical 

18 safety of any person. 

19 ‘‘(2) EXCEPTION.— 

20 ‘‘(A) IN GENERAL.—A consumer reporting 

21 agency that receives a request under subsection 

22 (a) or (b) or an order under subsection (c), or 

23 officer, employee, or agent thereof, may disclose 

24 information otherwise subject to any applicable 

25 nondisclosure requirement to— 

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1 ‘‘(i) those persons to whom disclosure 

2 is necessary in order to comply with the re3 quest; 

4 ‘‘(ii) an attorney in order to obtain 

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(iii) other persons as permitted by 

8 the Director of the Federal Bureau of In9 vestigation or the designee of the Director. 

10 ‘‘(B) APPLICATION.—A person to whom 

11 disclosure is made under subparagraph (A) 

12 shall be subject to the nondisclosure require13 ments applicable to a person to whom a request 

14 under subsection (a) or (b) or an order under 

15 subsection (c) is issued in the same manner as 

16 the person to whom the request is issued. 

17 ‘‘(C) NOTICE.—Any recipient that dis18 closes to a person described in subparagraph 

19 (A) information otherwise subject to a non20 disclosure requirement shall inform the person 

21 of the applicable nondisclosure requirement. 

22 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE23 CIPIENTS.—At the request of the Director of 

24 the Federal Bureau of Investigation or the des25 ignee of the Director, any person making or inmstockstill on DSK4VPTVN1PROD with BILLS

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1 tending to make a disclosure under clause (i) or 

2 (iii) of subparagraph (A) shall identify to the 

3 Director or such designee the person to whom 

4 such disclosure will be made or to whom such 

5 disclosure was made prior to the request.’’. 

6 (d) CONSUMER REPORTS.—Section 627 of the Fair 

7 Credit Reporting Act (15 U.S.C. 1681v) is amended by 

8 striking subsection (c) and inserting the following new 

9 subsection: 

10 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

11 ‘‘(1) PROHIBITION.— 

12 ‘‘(A) IN GENERAL.—If a certification is 

13 issued under subparagraph (B) and notice of 

14 the right to judicial review under subsection (d) 

15 is provided, no consumer reporting agency that 

16 receives a request under subsection (a), or offi17 cer, employee, or agent thereof, shall disclose or 

18 specify in any consumer report, that a govern19 ment agency described in subsection (a) has 

20 sought or obtained access to information or 

21 records under subsection (a). 

22 ‘‘(B) CERTIFICATION.—The requirements 

23 of subparagraph (A) shall apply if the head of 

24 the government agency described in subsection 

25 (a), or a designee, certifies that the absence of 

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1 a prohibition of disclosure under this subsection 

2 may result in— 

3 ‘‘(i) a danger to the national security 

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

8 ‘‘(iii) interference with diplomatic re9 lations; or 

10 ‘‘(iv) danger to the life or physical 

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—A consumer reporting 

14 agency that receives a request under subsection 

15 (a), or officer, employee, or agent thereof, may 

16 disclose information otherwise subject to any 

17 applicable nondisclosure requirement to— 

18 ‘‘(i) those persons to whom disclosure 

19 is necessary in order to comply with the re20 quest; 

21 ‘‘(ii) an attorney in order to obtain 

22 legal advice or assistance regarding the re23 quest; or 

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1 ‘‘(iii) other persons as permitted by 

2 the head of the government agency de3 scribed in subsection (a) or a designee. 

4 ‘‘(B) APPLICATION.—A person to whom 

5 disclosure is made under subparagraph (A) 

6 shall be subject to the nondisclosure require7 ments applicable to a person to whom a request 

8 under subsection (a) is issued in the same man9 ner as the person to whom the request is 

10 issued. 

11 ‘‘(C) NOTICE.—Any recipient that dis12 closes to a person described in subparagraph 

13 (A) information otherwise subject to a non14 disclosure requirement shall inform the person 

15 of the applicable nondisclosure requirement. 

16 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE17 CIPIENTS.—At the request of the head of the 

18 government agency described in subsection (a) 

19 or a designee, any person making or intending 

20 to make a disclosure under clause (i) or (iii) of 

21 subparagraph (A) shall identify to the head or 

22 such designee the person to whom such disclo23 sure will be made or to whom such disclosure 

24 was made prior to the request.’’. 

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1 (e) INVESTIGATIONS OF PERSONS WITH ACCESS TO

2 CLASSIFIED INFORMATION.—Section 802 of the National 

3 Security Act of 1947 (50 U.S.C. 3162) is amended by 

4 striking subsection (b) and inserting the following new 

5 subsection: 

6 ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 

7 ‘‘(1) PROHIBITION.— 

8 ‘‘(A) IN GENERAL.—If a certification is 

9 issued under subparagraph (B) and notice of 

10 the right to judicial review under subsection (c) 

11 is provided, no governmental or private entity 

12 that receives a request under subsection (a), or 

13 officer, employee, or agent thereof, shall dis14 close to any person that an authorized inves15 tigative agency described in subsection (a) has 

16 sought or obtained access to information under 

17 subsection (a). 

18 ‘‘(B) CERTIFICATION.—The requirements 

19 of subparagraph (A) shall apply if the head of 

20 an authorized investigative agency described in 

21 subsection (a), or a designee, certifies that the 

22 absence of a prohibition of disclosure under this 

23 subsection may result in— 

24 ‘‘(i) a danger to the national security 

25 of the United States; 

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1 ‘‘(ii) interference with a criminal, 

2 counterterrorism, or counterintelligence in3 vestigation; 

4 ‘‘(iii) interference with diplomatic re5 lations; or 

6 ‘‘(iv) danger to the life or physical 

7 safety of any person. 

8 ‘‘(2) EXCEPTION.— 

9 ‘‘(A) IN GENERAL.—A governmental or 

10 private entity that receives a request under sub11 section (a), or officer, employee, or agent there12 of, may disclose information otherwise subject 

13 to any applicable nondisclosure requirement 

14 to— 

15 ‘‘(i) those persons to whom disclosure 

16 is necessary in order to comply with the re17 quest; 

18 ‘‘(ii) an attorney in order to obtain 

19 legal advice or assistance regarding the re20 quest; or 

21 ‘‘(iii) other persons as permitted by 

22 the head of the authorized investigative 

23 agency described in subsection (a) or a 

24 designee. 

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1 ‘‘(B) APPLICATION.—A person to whom 

2 disclosure is made under subparagraph (A) 

3 shall be subject to the nondisclosure require4 ments applicable to a person to whom a request 

5 is issued under subsection (a) in the same man6 ner as the person to whom the request is 

7 issued. 

8 ‘‘(C) NOTICE.—Any recipient that dis9 closes to a person described in subparagraph 

10 (A) information otherwise subject to a non11 disclosure requirement shall inform the person 

12 of the applicable nondisclosure requirement. 

13 ‘‘(D) IDENTIFICATION OF DISCLOSURE RE14 CIPIENTS.—At the request of the head of an 

15 authorized investigative agency described in 

16 subsection (a), or a designee, any person mak17 ing or intending to make a disclosure under 

18 clause (i) or (iii) of subparagraph (A) shall 

19 identify to the head of the authorized investiga20 tive agency or such designee the person to 

21 whom such disclosure will be made or to whom 

22 such disclosure was made prior to the request.’’. 

23 (f) TERMINATION PROCEDURES.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of enactment of this Act, the Attorney 

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1 General shall adopt procedures with respect to non2 disclosure requirements issued pursuant to section 

3 2709 of title 18, United States Code, section 626 or 

4 627 of the Fair Credit Reporting Act (15 U.S.C. 

5 1681u and 1681v), section 1114 of the Right to Fi6 nancial Privacy Act (12 U.S.C. 3414), or section 

7 802 of the National Security Act of 1947 (50 U.S.C. 

8 3162), as amended by this Act, to require— 

9 (A) the review at appropriate intervals of 

10 such a nondisclosure requirement to assess 

11 whether the facts supporting nondisclosure con12 tinue to exist; 

13 (B) the termination of such a nondisclo14 sure requirement if the facts no longer support 

15 nondisclosure; and 

16 (C) appropriate notice to the recipient of 

17 the national security letter, or officer, employee, 

18 or agent thereof, subject to the nondisclosure 

19 requirement, and the applicable court as appro20 priate, that the nondisclosure requirement has 

21 been terminated. 

22 (2) REPORTING.—Upon adopting the proce23 dures required under paragraph (1), the Attorney 

24 General shall submit the procedures to the Com25 mittee on the Judiciary of the Senate and the Commstockstill on DSK4VPTVN1PROD with BILLS

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1 mittee on the Judiciary of the House of Representa2 tives. 

3 (g) JUDICIAL REVIEW.—Section 3511 of title 18, 

4 United States Code, is amended by striking subsection (b) 

5 and inserting the following new subsection: 

6 ‘‘(b) NONDISCLOSURE.— 

7 ‘‘(1) IN GENERAL.— 

8 ‘‘(A) NOTICE.—If a recipient of a request 

9 or order for a report, records, or other informa10 tion under section 2709 of this title, section 

11 626 or 627 of the Fair Credit Reporting Act 

12 (15 U.S.C. 1681u and 1681v), section 1114 of 

13 the Right to Financial Privacy Act of 1978 (12 

14 U.S.C. 3414), or section 802 of the National 

15 Security Act of 1947 (50 U.S.C. 3162), wishes 

16 to have a court review a nondisclosure require17 ment imposed in connection with the request or 

18 order, the recipient may notify the Government 

19 or file a petition for judicial review in any court 

20 described in subsection (a). 

21 ‘‘(B) APPLICATION.—Not later than 30 

22 days after the date of receipt of a notification 

23 under subparagraph (A), the Government shall 

24 apply for an order prohibiting the disclosure of 

25 the existence or contents of the relevant request 

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1 or order. An application under this subpara2 graph may be filed in the district court of the 

3 United States for the judicial district in which 

4 the recipient of the order is doing business or 

5 in the district court of the United States for 

6 any judicial district within which the authorized 

7 investigation that is the basis for the request is 

8 being conducted. The applicable nondisclosure 

9 requirement shall remain in effect during the 

10 pendency of proceedings relating to the require11 ment. 

12 ‘‘(C) CONSIDERATION.—A district court of 

13 the United States that receives a petition under 

14 subparagraph (A) or an application under sub15 paragraph (B) should rule expeditiously, and 

16 shall, subject to paragraph (3), issue a non17 disclosure order that includes conditions appro18 priate to the circumstances. 

19 ‘‘(2) APPLICATION CONTENTS.—An application 

20 for a nondisclosure order or extension thereof or a 

21 response to a petition filed under paragraph (1) 

22 shall include a certification from the Attorney Gen23 eral, Deputy Attorney General, an Assistant Attor24 ney General, or the Director of the Federal Bureau 

25 of Investigation, or a designee in a position not 

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1 lower than Deputy Assistant Director at Bureau 

2 headquarters or a Special Agent in Charge in a Bu3 reau field office designated by the Director, or in the 

4 case of a request by a department, agency, or instru5 mentality of the Federal Government other than the 

6 Department of Justice, the head or deputy head of 

7 the department, agency, or instrumentality, con8 taining a statement of specific facts indicating that 

9 the absence of a prohibition of disclosure under this 

10 subsection may result in— 

11 ‘‘(A) a danger to the national security of 

12 the United States; 

13 ‘‘(B) interference with a criminal, counter14 terrorism, or counterintelligence investigation; 

15 ‘‘(C) interference with diplomatic relations; 

16 or 

17 ‘‘(D) danger to the life or physical safety 

18 of any person. 

19 ‘‘(3) STANDARD.—A district court of the 

20 United States shall issue a nondisclosure order or 

21 extension thereof under this subsection if the court 

22 determines that there is reason to believe that disclo23 sure of the information subject to the nondisclosure 

24 requirement during the applicable time period may 

25 result in— 

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1 ‘‘(A) a danger to the national security of 

2 the United States; 

3 ‘‘(B) interference with a criminal, counter4 terrorism, or counterintelligence investigation; 

5 ‘‘(C) interference with diplomatic relations; 

6 or 

7 ‘‘(D) danger to the life or physical safety 

8 of any person.’’. 

9 SEC. 503. JUDICIAL REVIEW. 

10 (a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE

11 TOLL AND TRANSACTIONAL RECORDS.—Section 2709 of 

12 title 18, United States Code, is amended— 

13 (1) by redesignating subsections (d), (e), and 

14 (f) as subsections (e), (f), and (g), respectively; and 

15 (2) by inserting after subsection (c) the fol16 lowing new subsection: 

17 ‘‘(d) JUDICIAL REVIEW.— 

18 ‘‘(1) IN GENERAL.—A request under subsection 

19 (b) or a nondisclosure requirement imposed in con20 nection with such request under subsection (c) shall 

21 be subject to judicial review under section 3511. 

22 ‘‘(2) NOTICE.—A request under subsection (b) 

23 shall include notice of the availability of judicial re24 view described in paragraph (1).’’. 

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1 (b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN

2 INTELLIGENCE AND PROTECTIVE PURPOSES.—Section 

3 1114 of the Right to Financial Privacy Act of 1978 (12 

4 U.S.C. 3414) is amended— 

5 (1) by redesignating subsection (d) as sub6 section (e); and 

7 (2) by inserting after subsection (c) the fol8 lowing new subsection: 

9 ‘‘(d) JUDICIAL REVIEW.— 

10 ‘‘(1) IN GENERAL.—A request under subsection 

11 (a) or a nondisclosure requirement imposed in con12 nection with such request under subsection (c) shall 

13 be subject to judicial review under section 3511 of 

14 title 18, United States Code. 

15 ‘‘(2) NOTICE.—A request under subsection (a) 

16 shall include notice of the availability of judicial re17 view described in paragraph (1).’’. 

18 (c) IDENTITY OF FINANCIAL INSTITUTIONS AND

19 CREDIT REPORTS.—Section 626 of the Fair Credit Re20 porting Act (15 U.S.C. 1681u) is amended— 

21 (1) by redesignating subsections (e) through 

22 (m) as subsections (f) through (n), respectively; and 

23 (2) by inserting after subsection (d) the fol24 lowing new subsection: 

25 ‘‘(e) JUDICIAL REVIEW.— 

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1 ‘‘(1) IN GENERAL.—A request under subsection 

2 (a) or (b) or an order under subsection (c) or a non3 disclosure requirement imposed in connection with 

4 such request under subsection (d) shall be subject to 

5 judicial review under section 3511 of title 18, United 

6 States Code. 

7 ‘‘(2) NOTICE.—A request under subsection (a) 

8 or (b) or an order under subsection (c) shall include 

9 notice of the availability of judicial review described 

10 in paragraph (1).’’. 

11 (d) IDENTITY OF FINANCIAL INSTITUTIONS AND

12 CREDIT REPORTS.—Section 627 of the Fair Credit Re13 porting Act (15 U.S.C. 1681v) is amended— 

14 (1) by redesignating subsections (d), (e), and 

15 (f) as subsections (e), (f), and (g), respectively; and 

16 (2) by inserting after subsection (c) the fol17 lowing new subsection: 

18 ‘‘(d) JUDICIAL REVIEW.— 

19 ‘‘(1) IN GENERAL.—A request under subsection 

20 (a) or a non-disclosure requirement imposed in con21 nection with such request under subsection (c) shall 

22 be subject to judicial review under section 3511 of 

23 title 18, United States Code. 

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1 ‘‘(2) NOTICE.—A request under subsection (a) 

2 shall include notice of the availability of judicial re3 view described in paragraph (1).’’. 

4 (e) INVESTIGATIONS OF PERSONS WITH ACCESS TO

5 CLASSIFIED INFORMATION.—Section 802 of the National 

6 Security Act of 1947 (50 U.S.C. 3162) is amended— 

7 (1) by redesignating subsections (c) through (f) 

8 as subsections (d) through (g), respectively; and 

9 (2) by inserting after subsection (b) the fol10 lowing new subsection: 

11 ‘‘(c) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—A request under subsection 

13 (a) or a nondisclosure requirement imposed in con14 nection with such request under subsection (b) shall 

15 be subject to judicial review under section 3511 of 

16 title 18, United States Code. 

17 ‘‘(2) NOTICE.—A request under subsection (a) 

18 shall include notice of the availability of judicial re19 view described in paragraph (1).’’. 

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1 TITLE VI—FISA TRANSPARENCY 

2 AND REPORTING REQUIRE3 MENTS 

4 SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 

5 PRODUCTION OF BUSINESS RECORDS; BUSI6 NESS RECORDS COMPLIANCE REPORTS TO 

7 CONGRESS. 

8 (a) REPORTS SUBMITTED TO COMMITTEES.—Section 

9 502(b) (50 U.S.C. 1862(b)) is amended— 

10 (1) by redesignating paragraphs (1), (2), and 

11 (3) as paragraphs (6), (7), and (8), respectively; and 

12 (2) by inserting before paragraph (6) (as so re13 designated) the following new paragraphs: 

14 ‘‘(1) a summary of all compliance reviews con15 ducted by the Government for the production of tan16 gible things under section 501; 

17 ‘‘(2) the total number of applications described 

18 in section 501(b)(2)(B) made for orders approving 

19 requests for the production of tangible things; 

20 ‘‘(3) the total number of such orders either 

21 granted, modified, or denied; 

22 ‘‘(4) the total number of applications described 

23 in section 501(b)(2)(C) made for orders approving 

24 requests for the production of call detail records; 

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1 ‘‘(5) the total number of such orders either 

2 granted, modified, or denied;’’. 

3 (b) REPORTING ON CERTAIN TYPES OF PRODUC4 TION.—Section 502(c)(1) (50 U.S.C. 1862(c)(1)) is 

5 amended— 

6 (1) in subparagraph (A), by striking ‘‘and’’; 

7 (2) in subparagraph (B), by striking the period 

8 at the end and inserting a semicolon; and 

9 (3) by adding at the end the following new sub10 paragraphs: 

11 ‘‘(C) the total number of applications made for 

12 orders approving requests for the production of tan13 gible things under section 501 in which the specific 

14 selection term does not specifically identify an indi15 vidual, account, or personal device; 

16 ‘‘(D) the total number of orders described in 

17 subparagraph (C) either granted, modified, or de18 nied; and 

19 ‘‘(E) with respect to orders described in sub20 paragraph (D) that have been granted or modified, 

21 whether the court established under section 103 has 

22 directed additional, particularized minimization pro23 cedures beyond those adopted pursuant to section 

24 501(g).’’. 

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1 SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT. 

2 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 

3 as amended by section 402 of this Act, is further amended 

4 by adding at the end the following new section: 

5 ‘‘SEC. 603. ANNUAL REPORTS. 

6 ‘‘(a) REPORT BY DIRECTOR OF THE ADMINISTRA7 TIVE OFFICE OF THE UNITED STATES COURTS.— 

8 ‘‘(1) REPORT REQUIRED.—The Director of the 

9 Administrative Office of the United States Courts 

10 shall annually submit to the Permanent Select Com11 mittee on Intelligence and the Committee on the Ju12 diciary of the House of Representatives and the Se13 lect Committee on Intelligence and the Committee 

14 on the Judiciary of the Senate, subject to a declas15 sification review by the Attorney General and the 

16 Director of National Intelligence, a report that in17 cludes— 

18 ‘‘(A) the number of applications or certifi19 cations for orders submitted under each of sec20 tions 105, 304, 402, 501, 702, 703, and 704; 

21 ‘‘(B) the number of such orders granted 

22 under each of those sections; 

23 ‘‘(C) the number of orders modified under 

24 each of those sections; 

25 ‘‘(D) the number of applications or certifi26 cations denied under each of those sections; 

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1 ‘‘(E) the number of appointments of an in2 dividual to serve as amicus curiae under section 

3 103, including the name of each individual ap4 pointed to serve as amicus curiae; and 

5 ‘‘(F) the number of findings issued under 

6 section 103(i) that such appointment is not ap7 propriate and the text of any such findings. 

8 ‘‘(2) PUBLICATION.—The Director shall make 

9 the report required under paragraph (1) publicly 

10 available on an Internet Web site, except that the 

11 Director shall not make publicly available on an 

12 Internet Web site the findings described in subpara13 graph (F) of paragraph (1). 

14 ‘‘(b) MANDATORY REPORTING BY DIRECTOR OF NA15 TIONAL INTELLIGENCE.—Except as provided in sub16 section (d), the Director of National Intelligence shall an17 nually make publicly available on an Internet Web site a 

18 report that identifies, for the preceding 12-month period— 

19 ‘‘(1) the total number of orders issued pursuant 

20 to titles I and III and sections 703 and 704 and a 

21 good faith estimate of the number of targets of such 

22 orders; 

23 ‘‘(2) the total number of orders issued pursuant 

24 to section 702 and a good faith estimate of— 

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1 ‘‘(A) the number of search terms con2 cerning a known United States person used to 

3 retrieve the unminimized contents of electronic 

4 communications or wire communications ob5 tained through acquisitions authorized under 

6 such section, excluding the number of search 

7 terms used to prevent the return of information 

8 concerning a United States person; and 

9 ‘‘(B) the number of queries concerning a 

10 known United States person of unminimized 

11 noncontents information relating to electronic 

12 communications or wire communications ob13 tained through acquisitions authorized under 

14 such section, excluding the number of queries 

15 containing information used to prevent the re16 turn of information concerning a United States 

17 person; 

18 ‘‘(3) the total number of orders issued pursuant 

19 to title IV and a good faith estimate of— 

20 ‘‘(A) the number of targets of such orders; 

21 and 

22 ‘‘(B) the number of unique identifiers used 

23 to communicate information collected pursuant 

24 to such orders; 

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1 ‘‘(4) the total number of orders issued pursuant 

2 to applications made under section 501(b)(2)(B) and 

3 a good faith estimate of— 

4 ‘‘(A) the number of targets of such orders; 

5 and 

6 ‘‘(B) the number of unique identifiers used 

7 to communicate information collected pursuant 

8 to such orders; 

9 ‘‘(5) the total number of orders issued pursuant 

10 to applications made under section 501(b)(2)(C) and 

11 a good faith estimate of— 

12 ‘‘(A) the number of targets of such orders; 

13 ‘‘(B) the number of unique identifiers used 

14 to communicate information collected pursuant 

15 to such orders; and 

16 ‘‘(C) the number of search terms that in17 cluded information concerning a United States 

18 person that were used to query any database of 

19 call detail records obtained through the use of 

20 such orders; and 

21 ‘‘(6) the total number of national security let22 ters issued and the number of requests for informa23 tion contained within such national security letters. 

24 ‘‘(c) TIMING.—The annual reports required by sub25 sections (a) and (b) shall be made publicly available during 

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1 April of each year and include information relating to the 

2 previous calendar year. 

3 ‘‘(d) EXCEPTIONS.— 

4 ‘‘(1) STATEMENT OF NUMERICAL RANGE.—If a 

5 good faith estimate required to be reported under 

6 subparagraph (B) of any of paragraphs (3), (4), or 

7 (5) of subsection (b) is fewer than 500, it shall be 

8 expressed as a numerical range of ‘fewer than 500’ 

9 and shall not be expressed as an individual number. 

10 ‘‘(2) NONAPPLICABILITY TO CERTAIN INFORMA11 TION.— 

12 ‘‘(A) FEDERAL BUREAU OF INVESTIGA13 TION.—Paragraphs (2)(A), (2)(B), and (5)(C) 

14 of subsection (b) shall not apply to information 

15 or records held by, or queries conducted by, the 

16 Federal Bureau of Investigation. 

17 ‘‘(B) ELECTRONIC MAIL ADDRESS AND

18 TELEPHONE NUMBERS.—Paragraph (3)(B) of 

19 subsection (b) shall not apply to orders result20 ing in the acquisition of information by the 

21 Federal Bureau of Investigation that does not 

22 include electronic mail addresses or telephone 

23 numbers. 

24 ‘‘(3) CERTIFICATION.— 

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1 ‘‘(A) IN GENERAL.—If the Director of Na2 tional Intelligence concludes that a good faith 

3 estimate required to be reported under sub4 section (b)(2)(B) cannot be determined accu5 rately because some but not all of the relevant 

6 elements of the intelligence community are able 

7 to provide such good faith estimate, the Direc8 tor shall— 

9 ‘‘(i) certify that conclusion in writing 

10 to the Select Committee on Intelligence 

11 and the Committee on the Judiciary of the 

12 Senate and the Permanent Select Com13 mittee on Intelligence and the Committee 

14 on the Judiciary of the House of Rep15 resentatives; 

16 ‘‘(ii) report the good faith estimate for 

17 those relevant elements able to provide 

18 such good faith estimate; 

19 ‘‘(iii) explain when it is reasonably an20 ticipated that such an estimate will be able 

21 to be determined fully and accurately; and 

22 ‘‘(iv) make such certification publicly 

23 available on an Internet Web site. 

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1 ‘‘(B) FORM.—A certification described in 

2 subparagraph (A) shall be prepared in unclassi3 fied form, but may contain a classified annex. 

4 ‘‘(C) TIMING.—If the Director of National 

5 Intelligence continues to conclude that the good 

6 faith estimates described in this paragraph can7 not be determined accurately, the Director shall 

8 annually submit a certification in accordance 

9 with this paragraph. 

10 ‘‘(e) DEFINITIONS.—In this section: 

11 ‘‘(1) CONTENTS.—The term ‘contents’ has the 

12 meaning given that term under section 2510 of title 

13 18, United States Code. 

14 ‘‘(2) ELECTRONIC COMMUNICATION.—The term 

15 ‘electronic communication’ has the meaning given 

16 that term under section 2510 of title 18, United 

17 States Code. 

18 ‘‘(3) NATIONAL SECURITY LETTER.—The term 

19 ‘national security letter’ means a request for a re20 port, records, or other information under— 

21 ‘‘(A) section 2709 of title 18, United 

22 States Code; 

23 ‘‘(B) section 1114(a)(5)(A) of the Right to 

24 Financial Privacy Act of 1978 (12 U.S.C. 

25 3414(a)(5)(A)); 

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1 ‘‘(C) subsection (a) or (b) of section 626 of 

2 the Fair Credit Reporting Act (15 U.S.C. 

3 1681u(a), 1681u(b)); or 

4 ‘‘(D) section 627(a) of the Fair Credit Re5 porting Act (15 U.S.C. 1681v(a)). 

6 ‘‘(4) UNITED STATES PERSON.—The term 

7 ‘United States person’ means a citizen of the United 

8 States or an alien lawfully admitted for permanent 

9 residence (as defined in section 101(a) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a))). 

11 ‘‘(5) WIRE COMMUNICATION.—The term ‘wire 

12 communication’ has the meaning given that term 

13 under section 2510 of title 18, United States 

14 Code.’’. 

15 (b) TABLE OF CONTENTS AMENDMENT.—The table 

16 of contents, as amended by section 402 of this Act, is fur17 ther amended by inserting after the item relating to sec18 tion 602, as added by section 402 of this Act, the following 

19 new item: 

‘‘Sec. 603. Annual reports.’’. 

20 (c) PUBLIC REPORTING ON NATIONAL SECURITY

21 LETTERS.—Section 118(c) of the USA PATRIOT Im22 provement and Reauthorization Act of 2005 (18 U.S.C. 

23 3511 note) is amended— 

24 (1) in paragraph (1)— 

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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘United States’’; and 

3 (B) in subparagraph (A), by striking ‘‘, ex4 cluding the number of requests for subscriber 

5 information’’; 

6 (2) by redesignating paragraph (2) as para7 graph (3); and 

8 (3) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) CONTENT.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), each report required under 

13 this subsection shall include a good faith esti14 mate of the total number of requests described 

15 in paragraph (1) requiring disclosure of infor16 mation concerning— 

17 ‘‘(i) United States persons; and 

18 ‘‘(ii) persons who are not United 

19 States persons. 

20 ‘‘(B) EXCEPTION.—With respect to the 

21 number of requests for subscriber information 

22 under section 2709 of title 18, United States 

23 Code, a report required under this subsection 

24 need not separate the number of requests into 

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1 each of the categories described in subpara2 graph (A).’’. 

3 (d) STORED COMMUNICATIONS.—Section 2702(d) of 

4 title 18, United States Code, is amended— 

5 (1) in paragraph (1), by striking ‘‘; and’’ and 

6 inserting a semicolon; 

7 (2) in paragraph (2)(B), by striking the period 

8 and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(3) the number of accounts from which the 

12 Department of Justice has received voluntary disclo13 sures under subsection (c)(4).’’. 

14 SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO 

15 FISA ORDERS. 

16 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 

17 as amended by sections 402 and 602 of this Act, is further 

18 amended by adding at the end the following new section: 

19 ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 

20 ORDERS. 

21 ‘‘(a) REPORTING.—A person subject to a nondisclo22 sure requirement accompanying an order or directive 

23 under this Act or a national security letter may, with re24 spect to such order, directive, or national security letter, 

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1 publicly report the following information using one of the 

2 following structures: 

3 ‘‘(1) A semiannual report that aggregates the 

4 number of orders, directives, or national security let5 ters with which the person was required to comply 

6 into separate categories of— 

7 ‘‘(A) the number of national security let8 ters received, reported in bands of 1000 start9 ing with 0–999; 

10 ‘‘(B) the number of customer selectors tar11 geted by national security letters, reported in 

12 bands of 1000 starting with 0–999; 

13 ‘‘(C) the number of orders or directives re14 ceived, combined, under this Act for contents, 

15 reported in bands of 1000 starting with 0–999; 

16 ‘‘(D) the number of customer selectors tar17 geted under orders or directives received, com18 bined, under this Act for contents reported in 

19 bands of 1000 starting with 0–999; 

20 ‘‘(E) the number of orders received under 

21 this Act for noncontents, reported in bands of 

22 1000 starting with 0–999; and 

23 ‘‘(F) the number of customer selectors tar24 geted under orders under this Act for nonconmstockstill on DSK4VPTVN1PROD with BILLS

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1 tents, reported in bands of 1000 starting with 

2 0–999, pursuant to— 

3 ‘‘(i) title IV; 

4 ‘‘(ii) title V with respect to applica5 tions described in section 501(b)(2)(B); 

6 and 

7 ‘‘(iii) title V with respect to applica8 tions described in section 501(b)(2)(C). 

9 ‘‘(2) A semiannual report that aggregates the 

10 number of orders, directives, or national security let11 ters with which the person was required to comply 

12 into separate categories of— 

13 ‘‘(A) the number of national security let14 ters received, reported in bands of 500 starting 

15 with 0–499; 

16 ‘‘(B) the number of customer selectors tar17 geted by national security letters, reported in 

18 bands of 500 starting with 0–499; 

19 ‘‘(C) the number of orders or directives re20 ceived, combined, under this Act for contents, 

21 reported in bands of 500 starting with 0–499; 

22 ‘‘(D) the number of customer selectors tar23 geted under orders or directives received, com24 bined, under this Act for contents, reported in 

25 bands of 500 starting with 0–499; 

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1 ‘‘(E) the number of orders received under 

2 this Act for noncontents, reported in bands of 

3 500 starting with 0–499; and 

4 ‘‘(F) the number of customer selectors tar5 geted under orders received under this Act for 

6 noncontents, reported in bands of 500 starting 

7 with 0–499. 

8 ‘‘(3) A semiannual report that aggregates the 

9 number of orders, directives, or national security let10 ters with which the person was required to comply 

11 in the into separate categories of— 

12 ‘‘(A) the total number of all national secu13 rity process received, including all national se14 curity letters, and orders or directives under 

15 this Act, combined, reported in bands of 250 

16 starting with 0–249; and 

17 ‘‘(B) the total number of customer selec18 tors targeted under all national security process 

19 received, including all national security letters, 

20 and orders or directives under this Act, com21 bined, reported in bands of 250 starting with 

22 0–249. 

23 ‘‘(4) An annual report that aggregates the 

24 number of orders, directives, and national security 

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1 letters the person was required to comply with into 

2 separate categories of— 

3 ‘‘(A) the total number of all national secu4 rity process received, including all national se5 curity letters, and orders or directives under 

6 this Act, combined, reported in bands of 100 

7 starting with 0–99; and 

8 ‘‘(B) the total number of customer selec9 tors targeted under all national security process 

10 received, including all national security letters, 

11 and orders or directives under this Act, com12 bined, reported in bands of 100 starting with 

13 0–99. 

14 ‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 

15 ‘‘(1) A report described in paragraph (1) or (2) 

16 of subsection (a) shall include only information— 

17 ‘‘(A) relating to national security letters 

18 for the previous 180 days; and 

19 ‘‘(B) relating to authorities under this Act 

20 for the 180-day period of time ending on the 

21 date that is not less than 180 days prior to the 

22 date of the publication of such report, except 

23 that with respect to a platform, product, or 

24 service for which a person did not previously re25 ceive an order or directive (not including an enmstockstill on DSK4VPTVN1PROD with BILLS

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1 hancement to or iteration of an existing publicly 

2 available platform, product, or service) such re3 port shall not include any information relating 

4 to such new order or directive until 540 days 

5 after the date on which such new order or di6 rective is received. 

7 ‘‘(2) A report described in paragraph (3) of 

8 subsection (a) shall include only information relating 

9 to the previous 180 days. 

10 ‘‘(3) A report described in paragraph (4) of 

11 subsection (a) shall include only information for the 

12 1-year period of time ending on the date that is not 

13 less than 1 year prior to the date of the publication 

14 of such report. 

15 ‘‘(c) OTHER FORMS OF AGREED TO PUBLICATION.— 

16 Nothing in this section prohibits the Government and any 

17 person from jointly agreeing to the publication of informa18 tion referred to in this subsection in a time, form, or man19 ner other than as described in this section. 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) CONTENTS.—The term ‘contents’ has the 

22 meaning given that term under section 2510 of title 

23 18, United States Code. 

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1 ‘‘(2) NATIONAL SECURITY LETTER.—The term 

2 ‘national security letter’ has the meaning given that 

3 term under section 603.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The table 

5 of contents, as amended by sections 402 and 602 of this 

6 Act, is further amended by inserting after the item relat7 ing to section 603, as added by section 602 of this Act, 

8 the following new item: 

‘‘Sec. 604. Public reporting by persons subject to orders.’’. 

9 SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, OR10 DERS, AND OPINIONS OF THE FOREIGN IN11 TELLIGENCE SURVEILLANCE COURT AND 

12 THE FOREIGN INTELLIGENCE SURVEIL13 LANCE COURT OF REVIEW. 

14 Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended 

15 to read as follows: 

16 ‘‘(1) not later than 45 days after the date on 

17 which the Foreign Intelligence Surveillance Court or 

18 the Foreign Intelligence Surveillance Court of Re19 view issues a decision, order, or opinion, including 

20 any denial or modification of an application under 

21 this Act, that includes significant construction or in22 terpretation of any provision of law or results in a 

23 change of application of any provision of this Act or 

24 a novel application of any provision of this Act, a 

25 copy of such decision, order, or opinion and any 

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1 pleadings, applications, or memoranda of law associ2 ated with such decision, order, or opinion; and’’. 

3 SEC. 605. SUBMISSION OF REPORTS UNDER FISA. 

4 (a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) 

5 (50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the 

6 House Permanent Select Committee on Intelligence and 

7 the Senate Select Committee on Intelligence, and the 

8 Committee on the Judiciary of the Senate,’’ and inserting 

9 ‘‘the Permanent Select Committee on Intelligence and the 

10 Committee on the Judiciary of the House of Representa11 tives and the Select Committee on Intelligence and the 

12 Committee on the Judiciary of the Senate’’. 

13 (b) PHYSICAL SEARCHES.—The matter preceding 

14 paragraph (1) of section 306 (50 U.S.C. 1826) is amend15 ed— 

16 (1) in the first sentence, by striking ‘‘Perma17 nent Select Committee on Intelligence of the House 

18 of Representatives and the Select Committee on In19 telligence of the Senate, and the Committee on the 

20 Judiciary of the Senate,’’ and inserting ‘‘Permanent 

21 Select Committee on Intelligence and the Committee 

22 on the Judiciary of the House of Representatives 

23 and the Select Committee on Intelligence and the 

24 Committee on the Judiciary of the Senate’’; and 

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1 (2) in the second sentence, by striking ‘‘and the 

2 Committee on the Judiciary of the House of Rep3 resentatives’’. 

4 (c) PEN REGISTERS AND TRAP AND TRACE DE5 VICES.—Section 406(b) (50 U.S.C. 1846(b)) is amend6 ed— 

7 (1) in paragraph (2), by striking ‘‘; and’’ and 

8 inserting a semicolon; 

9 (2) in paragraph (3), by striking the period and 

10 inserting a semicolon; and 

11 (3) by adding at the end the following new 

12 paragraphs: 

13 ‘‘(4) each department or agency on behalf of 

14 which the Attorney General or a designated attorney 

15 for the Government has made an application for an 

16 order authorizing or approving the installation and 

17 use of a pen register or trap and trace device under 

18 this title; and 

19 ‘‘(5) for each department or agency described in 

20 paragraph (4), each number described in paragraphs 

21 (1), (2), and (3).’’. 

22 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND

23 OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 

24 1862(a)) is amended by striking ‘‘Permanent Select Com25 mittee on Intelligence of the House of Representatives and 

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1 the Select Committee on Intelligence and the Committee 

2 on the Judiciary of the Senate’’ and inserting ‘‘Permanent 

3 Select Committee on Intelligence and the Committee on 

4 the Judiciary of the House of Representatives and the Se5 lect Committee on Intelligence and the Committee on the 

6 Judiciary of the Senate’’. 

7 TITLE VII—ENHANCED NA8 TIONAL SECURITY PROVI9 SIONS 

10 SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES 

11 PERSONS. 

12 (a) IN GENERAL.—Section 105 (50 U.S.C. 1805) is 

13 amended— 

14 (1) by redesignating subsections (f), (g), (h), 

15 and (i) as subsections (g), (h), (i), and (j), respec16 tively; and 

17 (2) by inserting after subsection (e) the fol18 lowing: 

19 ‘‘(f)(1) Notwithstanding any other provision of this 

20 Act, the lawfully authorized targeting of a non-United 

21 States person previously believed to be located outside the 

22 United States for the acquisition of foreign intelligence in23 formation may continue for a period not to exceed 72 

24 hours from the time that the non-United States person 

25 is reasonably believed to be located inside the United 

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1 States and the acquisition is subject to this title or to title 

2 III of this Act, provided that the head of an element of 

3 the intelligence community— 

4 ‘‘(A) reasonably determines that a lapse in the 

5 targeting of such non-United States person poses a 

6 threat of death or serious bodily harm to any per7 son; 

8 ‘‘(B) promptly notifies the Attorney General of 

9 a determination under subparagraph (A); and 

10 ‘‘(C) requests, as soon as practicable, the em11 ployment of emergency electronic surveillance under 

12 subsection (e) or the employment of an emergency 

13 physical search pursuant to section 304(e), as war14 ranted. 

15 ‘‘(2) The authority under this subsection to continue 

16 the acquisition of foreign intelligence information is lim17 ited to a period not to exceed 72 hours and shall cease 

18 upon the earlier of the following: 

19 ‘‘(A) The employment of emergency electronic 

20 surveillance under subsection (e) or the employment 

21 of an emergency physical search pursuant to section 

22 304(e). 

23 ‘‘(B) An issuance of a court order under this 

24 title or title III of this Act. 

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1 ‘‘(C) The Attorney General provides direction 

2 that the acquisition be terminated. 

3 ‘‘(D) The head of the element of the intel4 ligence community conducting the acquisition deter5 mines that a request under paragraph (1)(C) is not 

6 warranted. 

7 ‘‘(E) When the threat of death or serious bodily 

8 harm to any person is no longer reasonably believed 

9 to exist. 

10 ‘‘(3) Nonpublicly available information concerning 

11 unconsenting United States persons acquired under this 

12 subsection shall not be disseminated during the 72 hour 

13 time period under paragraph (1) unless necessary to inves14 tigate, reduce, or eliminate the threat of death or serious 

15 bodily harm to any person. 

16 ‘‘(4) If the Attorney General declines to authorize the 

17 employment of emergency electronic surveillance under 

18 subsection (e) or the employment of an emergency physical 

19 search pursuant to section 304(e), or a court order is not 

20 obtained under this title or title III of this Act, informa21 tion obtained during the 72 hour acquisition time period 

22 under paragraph (1) shall not be retained, except with the 

23 approval of the Attorney General if the information indi24 cates a threat of death or serious bodily harm to any per25 son. 

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1 ‘‘(5) Paragraphs (5) and (6) of subsection (e) shall 

2 apply to this subsection.’’. 

3 (b) NOTIFICATION OF EMERGENCY EMPLOYMENT OF

4 ELECTRONIC SURVEILLANCE.—Section 106(j) (50 U.S.C. 

5 1806(j)) is amended by striking ‘‘section 105(e)’’ and in6 serting ‘‘subsection (e) or (f) of section 105’’. 

7 (c) REPORT TO CONGRESS.—Section 108(a)(2) (50 

8 U.S.C. 1808(a)(2)) is amended— 

9 (1) in subparagraph (B), by striking ‘‘and’’ at 

10 the end; 

11 (2) in subparagraph (C), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(D) the total number of authorizations 

15 under section 105(f) and the total number of 

16 subsequent emergency employments of elec17 tronic surveillance under section 105(e) or 

18 emergency physical searches pursuant to section 

19 301(e).’’. 

20 SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED 

21 STATES PERSONS TRAVELING OUTSIDE THE 

22 UNITED STATES AS AGENTS OF FOREIGN 

23 POWERS. 

24 Section 101(b)(1) is amended— 

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1 (1) in subparagraph (A), by inserting before the 

2 semicolon at the end the following: ‘‘, irrespective of 

3 whether the person is inside the United States’’; and 

4 (2) in subparagraph (B)— 

5 (A) by striking ‘‘of such person’s presence 

6 in the United States’’; and 

7 (B) by striking ‘‘such activities in the 

8 United States’’ and inserting ‘‘such activities’’. 

9 SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTER10 NATIONAL PROLIFERATION OF WEAPONS OF 

11 MASS DESTRUCTION. 

12 Section 101(b)(1) is further amended by striking sub13 paragraph (E) and inserting the following new subpara14 graph (E): 

15 ‘‘(E) engages in the international prolifera16 tion of weapons of mass destruction, or activi17 ties in preparation therefor, for or on behalf of 

18 a foreign power, or knowingly aids or abets any 

19 person in the conduct of such proliferation or 

20 activities in preparation therefor, or knowingly 

21 conspires with any person to engage in such 

22 proliferation or activities in preparation there23 for; or’’. 

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1 SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUP2 PORT OF FOREIGN TERRORIST ORGANIZA3 TIONS. 

4 Section 2339B(a)(1) of title 18, United States Code, 

5 is amended by striking ‘‘15 years’’ and inserting ‘‘20 

6 years’’. 

7 SEC. 705. SUNSETS. 

8 (a) USA PATRIOT IMPROVEMENT AND REAUTHOR9 IZATION ACT OF 2005.—Section 102(b)(1) of the USA 

10 PATRIOT Improvement and Reauthorization Act of 2005 

11 (50 U.S.C. 1805 note) is amended by striking ‘‘June 1, 

12 2015’’ and inserting ‘‘December 15, 2019’’. 

13 (b) INTELLIGENCE REFORM AND TERRORISM PRE14 VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel15 ligence Reform and Terrorism Prevention Act of 2004 (50 

16 U.S.C. 1801 note) is amended by striking ‘‘June 1, 2015’’ 

17 and inserting ‘‘December 15, 2019’’. 

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1 TITLE VIII—SAFETY OF MARI2 TIME NAVIGATION AND NU3 CLEAR TERRORISM CONVEN4 TIONS IMPLEMENTATION 

5 Subtitle A—Safety of Maritime 

6 Navigation 

7 SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, 

8 UNITED STATES CODE. 

9 Section 2280 of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1)(A)(i), by striking ‘‘a 

13 ship flying the flag of the United States’’ and 

14 inserting ‘‘a vessel of the United States or a 

15 vessel subject to the jurisdiction of the United 

16 States (as defined in section 70502 of title 

17 46)’’; 

18 (B) in paragraph (1)(A)(ii), by inserting ‘‘, 

19 including the territorial seas’’ after ‘‘in the 

20 United States’’; and 

21 (C) in paragraph (1)(A)(iii), by inserting 

22 ‘‘, by a United States corporation or legal enti23 ty,’’ after ‘‘by a national of the United States’’; 

24 (2) in subsection (c), by striking ‘‘section 2(c)’’ 

25 and inserting ‘‘section 13(c)’’; 

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1 (3) by striking subsection (d); 

2 (4) by striking subsection (e) and inserting 

3 after subsection (c): 

4 ‘‘(d) DEFINITIONS.—As used in this section, section 

5 2280a, section 2281, and section 2281a, the term— 

6 ‘‘(1) ‘applicable treaty’ means— 

7 ‘‘(A) the Convention for the Suppression of 

8 Unlawful Seizure of Aircraft, done at The 

9 Hague on 16 December 1970; 

10 ‘‘(B) the Convention for the Suppression of 

11 Unlawful Acts against the Safety of Civil Avia12 tion, done at Montreal on 23 September 1971; 

13 ‘‘(C) the Convention on the Prevention and 

14 Punishment of Crimes against Internationally 

15 Protected Persons, including Diplomatic 

16 Agents, adopted by the General Assembly of the 

17 United Nations on 14 December 1973; 

18 ‘‘(D) International Convention against the 

19 Taking of Hostages, adopted by the General 

20 Assembly of the United Nations on 17 Decem21 ber 1979; 

22 ‘‘(E) the Convention on the Physical Pro23 tection of Nuclear Material, done at Vienna on 

24 26 October 1979; 

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1 ‘‘(F) the Protocol for the Suppression of 

2 Unlawful Acts of Violence at Airports Serving 

3 International Civil Aviation, supplementary to 

4 the Convention for the Suppression of Unlawful 

5 Acts against the Safety of Civil Aviation, done 

6 at Montreal on 24 February 1988; 

7 ‘‘(G) the Protocol for the Suppression of 

8 Unlawful Acts against the Safety of Fixed Plat9 forms Located on the Continental Shelf, done 

10 at Rome on 10 March 1988; 

11 ‘‘(H) International Convention for the 

12 Suppression of Terrorist Bombings, adopted by 

13 the General Assembly of the United Nations on 

14 15 December 1997; and 

15 ‘‘(I) International Convention for the Sup16 pression of the Financing of Terrorism, adopted 

17 by the General Assembly of the United Nations 

18 on 9 December 1999; 

19 ‘‘(2) ‘armed conflict’ does not include internal 

20 disturbances and tensions, such as riots, isolated 

21 and sporadic acts of violence, and other acts of a 

22 similar nature; 

23 ‘‘(3) ‘biological weapon’ means— 

24 ‘‘(A) microbial or other biological agents, 

25 or toxins whatever their origin or method of 

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1 production, of types and in quantities that have 

2 no justification for prophylactic, protective, or 

3 other peaceful purposes; or 

4 ‘‘(B) weapons, equipment, or means of de5 livery designed to use such agents or toxins for 

6 hostile purposes or in armed conflict; 

7 ‘‘(4) ‘chemical weapon’ means, together or sepa8 rately— 

9 ‘‘(A) toxic chemicals and their precursors, 

10 except where intended for— 

11 ‘‘(i) industrial, agricultural, research, 

12 medical, pharmaceutical, or other peaceful 

13 purposes; 

14 ‘‘(ii) protective purposes, namely those 

15 purposes directly related to protection 

16 against toxic chemicals and to protection 

17 against chemical weapons; 

18 ‘‘(iii) military purposes not connected 

19 with the use of chemical weapons and not 

20 dependent on the use of the toxic prop21 erties of chemicals as a method of warfare; 

22 or 

23 ‘‘(iv) law enforcement including do24 mestic riot control purposes, 

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1 as long as the types and quantities are con2 sistent with such purposes; 

3 ‘‘(B) munitions and devices, specifically de4 signed to cause death or other harm through 

5 the toxic properties of those toxic chemicals 

6 specified in subparagraph (A), which would be 

7 released as a result of the employment of such 

8 munitions and devices; and 

9 ‘‘(C) any equipment specifically designed 

10 for use directly in connection with the employ11 ment of munitions and devices specified in sub12 paragraph (B); 

13 ‘‘(5) ‘covered ship’ means a ship that is navi14 gating or is scheduled to navigate into, through or 

15 from waters beyond the outer limit of the territorial 

16 sea of a single country or a lateral limit of that 

17 country’s territorial sea with an adjacent country; 

18 ‘‘(6) ‘explosive material’ has the meaning given 

19 the term in section 841(c) and includes explosive as 

20 defined in section 844(j) of this title; 

21 ‘‘(7) ‘infrastructure facility’ has the meaning 

22 given the term in section 2332f(e)(5) of this title; 

23 ‘‘(8) ‘international organization’ has the mean24 ing given the term in section 831(f)(3) of this title; 

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1 ‘‘(9) ‘military forces of a state’ means the 

2 armed forces of a state which are organized, trained, 

3 and equipped under its internal law for the primary 

4 purpose of national defense or security, and persons 

5 acting in support of those armed forces who are 

6 under their formal command, control, and responsi7 bility; 

8 ‘‘(10) ‘national of the United States’ has the 

9 meaning stated in section 101(a)(22) of the Immi10 gration and Nationality Act (8 U.S.C. 1101(a)(22)); 

11 ‘‘(11) ‘Non-Proliferation Treaty’ means the 

12 Treaty on the Non-Proliferation of Nuclear Weap13 ons, done at Washington, London, and Moscow on 

14 1 July 1968; 

15 ‘‘(12) ‘Non-Proliferation Treaty State Party’ 

16 means any State Party to the Non-Proliferation 

17 Treaty, to include Taiwan, which shall be considered 

18 to have the obligations under the Non-Proliferation 

19 Treaty of a party to that treaty other than a Nu20 clear Weapon State Party to the Non-Proliferation 

21 Treaty; 

22 ‘‘(13) ‘Nuclear Weapon State Party to the Non23 Proliferation Treaty’ means a State Party to the 

24 Non-Proliferation Treaty that is a nuclear-weapon 

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1 State, as that term is defined in Article IX(3) of the 

2 Non-Proliferation Treaty; 

3 ‘‘(14) ‘place of public use’ has the meaning 

4 given the term in section 2332f(e)(6) of this title; 

5 ‘‘(15) ‘precursor’ has the meaning given the 

6 term in section 229F(6)(A) of this title; 

7 ‘‘(16) ‘public transport system’ has the meaning 

8 given the term in section 2332f(e)(7) of this title; 

9 ‘‘(17) ‘serious injury or damage’ means— 

10 ‘‘(A) serious bodily injury, 

11 ‘‘(B) extensive destruction of a place of 

12 public use, State or government facility, infra13 structure facility, or public transportation sys14 tem, resulting in major economic loss, or 

15 ‘‘(C) substantial damage to the environ16 ment, including air, soil, water, fauna, or flora; 

17 ‘‘(18) ‘ship’ means a vessel of any type whatso18 ever not permanently attached to the sea-bed, in19 cluding dynamically supported craft, submersibles, 

20 or any other floating craft, but does not include a 

21 warship, a ship owned or operated by a government 

22 when being used as a naval auxiliary or for customs 

23 or police purposes, or a ship which has been with24 drawn from navigation or laid up; 

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1 ‘‘(19) ‘source material’ has the meaning given 

2 that term in the International Atomic Energy Agen3 cy Statute, done at New York on 26 October 1956; 

4 ‘‘(20) ‘special fissionable material’ has the 

5 meaning given that term in the International Atomic 

6 Energy Agency Statute, done at New York on 26 

7 October 1956; 

8 ‘‘(21) ‘territorial sea of the United States’ 

9 means all waters extending seaward to 12 nautical 

10 miles from the baselines of the United States deter11 mined in accordance with international law; 

12 ‘‘(22) ‘toxic chemical’ has the meaning given 

13 the term in section 229F(8)(A) of this title; 

14 ‘‘(23) ‘transport’ means to initiate, arrange or 

15 exercise effective control, including decisionmaking 

16 authority, over the movement of a person or item; 

17 and 

18 ‘‘(24) ‘United States’, when used in a geo19 graphical sense, includes the Commonwealth of 

20 Puerto Rico, the Commonwealth of the Northern 

21 Mariana Islands, and all territories and possessions 

22 of the United States.’’; and 

23 (5) by inserting after subsection (d) (as added 

24 by paragraph (4) of this section) the following: 

25 ‘‘(e) EXCEPTIONS.—This section shall not apply to— 

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1 ‘‘(1) the activities of armed forces during an 

2 armed conflict, as those terms are understood under 

3 the law of war, which are governed by that law; or 

4 ‘‘(2) activities undertaken by military forces of 

5 a state in the exercise of their official duties. 

6 ‘‘(f) DELIVERY OF SUSPECTED OFFENDER.—The 

7 master of a covered ship flying the flag of the United 

8 States who has reasonable grounds to believe that there 

9 is on board that ship any person who has committed an 

10 offense under section 2280 or section 2280a may deliver 

11 such person to the authorities of a country that is a party 

12 to the Convention for the Suppression of Unlawful Acts 

13 against the Safety of Maritime Navigation. Before deliv14 ering such person to the authorities of another country, 

15 the master shall notify in an appropriate manner the At16 torney General of the United States of the alleged offense 

17 and await instructions from the Attorney General as to 

18 what action to take. When delivering the person to a coun19 try which is a state party to the Convention, the master 

20 shall, whenever practicable, and if possible before entering 

21 the territorial sea of such country, notify the authorities 

22 of such country of the master’s intention to deliver such 

23 person and the reasons therefor. If the master delivers 

24 such person, the master shall furnish to the authorities 

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1 of such country the evidence in the master’s possession 

2 that pertains to the alleged offense. 

3 ‘‘(g)(1) CIVIL FORFEITURE.—Any real or personal 

4 property used or intended to be used to commit or to fa5 cilitate the commission of a violation of this section, the 

6 gross proceeds of such violation, and any real or personal 

7 property traceable to such property or proceeds, shall be 

8 subject to forfeiture. 

9 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for10 feitures under this section shall be governed by the provi11 sions of chapter 46 of title 18, United States Code, relat12 ing to civil forfeitures, except that such duties as are im13 posed upon the Secretary of the Treasury under the cus14 toms laws described in section 981(d) shall be performed 

15 by such officers, agents, and other persons as may be des16 ignated for that purpose by the Secretary of Homeland 

17 Security, the Attorney General, or the Secretary of De18 fense.’’. 

19 SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES 

20 CODE. 

21 (a) IN GENERAL.—Chapter 111 of title 18, United 

22 States Code, is amended by adding after section 2280 the 

23 following new section: 

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1 ‘‘§ 2280a. Violence against maritime navigation and 

2 maritime transport involving weapons of 

3 mass destruction 

4 ‘‘(a) OFFENSES.— 

5 ‘‘(1) IN GENERAL.—Subject to the exceptions in 

6 subsection (c), a person who unlawfully and inten7 tionally— 

8 ‘‘(A) when the purpose of the act, by its 

9 nature or context, is to intimidate a population, 

10 or to compel a government or an international 

11 organization to do or to abstain from doing any 

12 act— 

13 ‘‘(i) uses against or on a ship or dis14 charges from a ship any explosive or radio15 active material, biological, chemical, or nu16 clear weapon or other nuclear explosive de17 vice in a manner that causes or is likely to 

18 cause death to any person or serious injury 

19 or damage; 

20 ‘‘(ii) discharges from a ship oil, lique21 fied natural gas, or another hazardous or 

22 noxious substance that is not covered by 

23 clause (i), in such quantity or concentra24 tion that causes or is likely to cause death 

25 to any person or serious injury or damage; 

26 or 

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1 ‘‘(iii) uses a ship in a manner that 

2 causes death to any person or serious in3 jury or damage; 

4 ‘‘(B) transports on board a ship— 

5 ‘‘(i) any explosive or radioactive mate6 rial, knowing that it is intended to be used 

7 to cause, or in a threat to cause, death to 

8 any person or serious injury or damage for 

9 the purpose of intimidating a population, 

10 or compelling a government or an inter11 national organization to do or to abstain 

12 from doing any act; 

13 ‘‘(ii) any biological, chemical, or nu14 clear weapon or other nuclear explosive de15 vice, knowing it to be a biological, chem16 ical, or nuclear weapon or other nuclear 

17 explosive device; 

18 ‘‘(iii) any source material, special fis19 sionable material, or equipment or material 

20 especially designed or prepared for the 

21 processing, use, or production of special 

22 fissionable material, knowing that it is in23 tended to be used in a nuclear explosive ac24 tivity or in any other nuclear activity not 

25 under safeguards pursuant to an Intermstockstill on DSK4VPTVN1PROD with BILLS

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1 national Atomic Energy Agency com2 prehensive safeguards agreement, except 

3 where— 

4 ‘‘(I) such item is transported to 

5 or from the territory of, or otherwise 

6 under the control of, a Non-Prolifera7 tion Treaty State Party; and 

8 ‘‘(II) the resulting transfer or re9 ceipt (including internal to a country) 

10 is not contrary to the obligations 

11 under the Non-Proliferation Treaty of 

12 the Non-Proliferation Treaty State 

13 Party from which, to the territory of 

14 which, or otherwise under the control 

15 of which such item is transferred; 

16 ‘‘(iv) any equipment, materials, or 

17 software or related technology that signifi18 cantly contributes to the design or manu19 facture of a nuclear weapon or other nu20 clear explosive device, with the intention 

21 that it will be used for such purpose, ex22 cept where— 

23 ‘‘(I) the country to the territory 

24 of which or under the control of which 

25 such item is transferred is a Nuclear 

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1 Weapon State Party to the Non-Pro2 liferation Treaty; and 

3 ‘‘(II) the resulting transfer or re4 ceipt (including internal to a country) 

5 is not contrary to the obligations 

6 under the Non-Proliferation Treaty of 

7 a Non-Proliferation Treaty State 

8 Party from which, to the territory of 

9 which, or otherwise under the control 

10 of which such item is transferred; 

11 ‘‘(v) any equipment, materials, or 

12 software or related technology that signifi13 cantly contributes to the delivery of a nu14 clear weapon or other nuclear explosive de15 vice, with the intention that it will be used 

16 for such purpose, except where— 

17 ‘‘(I) such item is transported to 

18 or from the territory of, or otherwise 

19 under the control of, a Non-Prolifera20 tion Treaty State Party; and 

21 ‘‘(II) such item is intended for 

22 the delivery system of a nuclear weap23 on or other nuclear explosive device of 

24 a Nuclear Weapon State Party to the 

25 Non-Proliferation Treaty; or 

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1 ‘‘(vi) any equipment, materials, or 

2 software or related technology that signifi3 cantly contributes to the design, manufac4 ture, or delivery of a biological or chemical 

5 weapon, with the intention that it will be 

6 used for such purpose; 

7 ‘‘(C) transports another person on board a 

8 ship knowing that the person has committed an 

9 act that constitutes an offense under section 

10 2280 or subparagraph (A), (B), (D), or (E) of 

11 this section or an offense set forth in an appli12 cable treaty, as specified in section 2280(d)(1), 

13 and intending to assist that person to evade 

14 criminal prosecution; 

15 ‘‘(D) injures or kills any person in connec16 tion with the commission or the attempted com17 mission of any of the offenses set forth in sub18 paragraphs (A) through (C), or subsection 

19 (a)(2), to the extent that the subsection (a)(2) 

20 offense pertains to subparagraph (A); or 

21 ‘‘(E) attempts to do any act prohibited 

22 under subparagraph (A), (B) or (D), or con23 spires to do any act prohibited by subpara24 graphs (A) through (E) or subsection (a)(2), 

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1 shall be fined under this title, imprisoned not more 

2 than 20 years, or both; and if the death of any per3 son results from conduct prohibited by this para4 graph, shall be imprisoned for any term of years or 

5 for life. 

6 ‘‘(2) THREATS.—A person who threatens, with 

7 apparent determination and will to carry the threat 

8 into execution, to do any act prohibited under para9 graph (1)(A) shall be fined under this title, impris10 oned not more than 5 years, or both. 

11 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

12 activity prohibited in subsection (a)— 

13 ‘‘(1) in the case of a covered ship, if— 

14 ‘‘(A) such activity is committed— 

15 ‘‘(i) against or on board a vessel of 

16 the United States or a vessel subject to the 

17 jurisdiction of the United States (as de18 fined in section 70502 of title 46) at the 

19 time the prohibited activity is committed; 

20 ‘‘(ii) in the United States, including 

21 the territorial seas; or 

22 ‘‘(iii) by a national of the United 

23 States, by a United States corporation or 

24 legal entity, or by a stateless person whose 

25 habitual residence is in the United States; 

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1 ‘‘(B) during the commission of such activ2 ity, a national of the United States is seized, 

3 threatened, injured, or killed; or 

4 ‘‘(C) the offender is later found in the 

5 United States after such activity is committed; 

6 ‘‘(2) in the case of a ship navigating or sched7 uled to navigate solely within the territorial sea or 

8 internal waters of a country other than the United 

9 States, if the offender is later found in the United 

10 States after such activity is committed; or 

11 ‘‘(3) in the case of any vessel, if such activity 

12 is committed in an attempt to compel the United 

13 States to do or abstain from doing any act. 

14 ‘‘(c) EXCEPTIONS.—This section shall not apply to— 

15 ‘‘(1) the activities of armed forces during an 

16 armed conflict, as those terms are understood under 

17 the law of war, which are governed by that law; or 

18 ‘‘(2) activities undertaken by military forces of 

19 a state in the exercise of their official duties. 

20 ‘‘(d)(1) CIVIL FORFEITURE.—Any real or personal 

21 property used or intended to be used to commit or to fa22 cilitate the commission of a violation of this section, the 

23 gross proceeds of such violation, and any real or personal 

24 property traceable to such property or proceeds, shall be 

25 subject to forfeiture. 

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1 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and for2 feitures under this section shall be governed by the provi3 sions of chapter 46 of title 18, United States Code, relat4 ing to civil forfeitures, except that such duties as are im5 posed upon the Secretary of the Treasury under the cus6 toms laws described in section 981(d) shall be performed 

7 by such officers, agents, and other persons as may be des8 ignated for that purpose by the Secretary of Homeland 

9 Security, the Attorney General, or the Secretary of De10 fense.’’. 

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions at the beginning of chapter 111 of title 18, United 

13 States Code, is amended by adding after the item relating 

14 to section 2280 the following new item: 

‘‘2280a. Violence against maritime navigation and maritime transport involving 

weapons of mass destruction.’’. 

15 SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, 

16 UNITED STATES CODE. 

17 Section 2281 of title 18, United States Code, is 

18 amended— 

19 (1) in subsection (c), by striking ‘‘section 2(c)’’ 

20 and inserting ‘‘section 13(c)’’; 

21 (2) in subsection (d), by striking the definitions 

22 of ‘‘national of the United States,’’ ‘‘territorial sea 

23 of the United States,’’ and ‘‘United States’’; and 

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1 (3) by inserting after subsection (d) the fol2 lowing: 

3 ‘‘(e) EXCEPTIONS.—This section does not apply to— 

4 ‘‘(1) the activities of armed forces during an 

5 armed conflict, as those terms are understood under 

6 the law of war, which are governed by that law; or 

7 ‘‘(2) activities undertaken by military forces of 

8 a state in the exercise of their official duties.’’. 

9 SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES 

10 CODE. 

11 (a) IN GENERAL.—Chapter 111 of title 18, United 

12 States Code, is amended by adding after section 2281 the 

13 following new section: 

14 ‘‘§ 2281a. Additional offenses against maritime fixed 

15 platforms 

16 ‘‘(a) OFFENSES.— 

17 ‘‘(1) IN GENERAL.—A person who unlawfully 

18 and intentionally— 

19 ‘‘(A) when the purpose of the act, by its 

20 nature or context, is to intimidate a population, 

21 or to compel a government or an international 

22 organization to do or to abstain from doing any 

23 act— 

24 ‘‘(i) uses against or on a fixed plat25 form or discharges from a fixed platform 

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1 any explosive or radioactive material, bio2 logical, chemical, or nuclear weapon in a 

3 manner that causes or is likely to cause 

4 death or serious injury or damage; or 

5 ‘‘(ii) discharges from a fixed platform 

6 oil, liquefied natural gas, or another haz7 ardous or noxious substance that is not 

8 covered by clause (i), in such quantity or 

9 concentration that causes or is likely to 

10 cause death or serious injury or damage; 

11 ‘‘(B) injures or kills any person in connec12 tion with the commission or the attempted com13 mission of any of the offenses set forth in sub14 paragraph (A); or 

15 ‘‘(C) attempts or conspires to do anything 

16 prohibited under subparagraph (A) or (B), 

17 shall be fined under this title, imprisoned not more 

18 than 20 years, or both; and if death results to any 

19 person from conduct prohibited by this paragraph, 

20 shall be imprisoned for any term of years or for life. 

21 ‘‘(2) THREAT TO SAFETY.—A person who 

22 threatens, with apparent determination and will to 

23 carry the threat into execution, to do any act prohib24 ited under paragraph (1)(A), shall be fined under 

25 this title, imprisoned not more than 5 years, or both. 

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1 ‘‘(b) JURISDICTION.—There is jurisdiction over the 

2 activity prohibited in subsection (a) if— 

3 ‘‘(1) such activity is committed against or on 

4 board a fixed platform— 

5 ‘‘(A) that is located on the continental 

6 shelf of the United States; 

7 ‘‘(B) that is located on the continental 

8 shelf of another country, by a national of the 

9 United States or by a stateless person whose 

10 habitual residence is in the United States; or 

11 ‘‘(C) in an attempt to compel the United 

12 States to do or abstain from doing any act; 

13 ‘‘(2) during the commission of such activity 

14 against or on board a fixed platform located on a 

15 continental shelf, a national of the United States is 

16 seized, threatened, injured, or killed; or 

17 ‘‘(3) such activity is committed against or on 

18 board a fixed platform located outside the United 

19 States and beyond the continental shelf of the 

20 United States and the offender is later found in the 

21 United States. 

22 ‘‘(c) EXCEPTIONS.—This section does not apply to— 

23 ‘‘(1) the activities of armed forces during an 

24 armed conflict, as those terms are understood under 

25 the law of war, which are governed by that law; or 

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1 ‘‘(2) activities undertaken by military forces of 

2 a state in the exercise of their official duties. 

3 ‘‘(d) DEFINITIONS.—In this section— 

4 ‘‘(1) ‘continental shelf’ means the sea-bed and 

5 subsoil of the submarine areas that extend beyond a 

6 country’s territorial sea to the limits provided by 

7 customary international law as reflected in Article 

8 76 of the 1982 Convention on the Law of the Sea; 

9 and 

10 ‘‘(2) ‘fixed platform’ means an artificial island, 

11 installation, or structure permanently attached to 

12 the sea-bed for the purpose of exploration or exploi13 tation of resources or for other economic purposes.’’. 

14 (b) CONFORMING AMENDMENT.—The table of sec15 tions at the beginning of chapter 111 of title 18, United 

16 States Code, is amended by adding after the item relating 

17 to section 2281 the following new item: 

‘‘2281a. Additional offenses against maritime fixed platforms.’’. 

18 SEC. 805. ANCILLARY MEASURE. 

19 Section 2332b(g)(5)(B) of title 18, United States 

20 Code, is amended by inserting ‘‘2280a (relating to mari21 time safety),’’ before ‘‘2281’’, and by striking ‘‘2281’’ and 

22 inserting ‘‘2281 through 2281a’’. 

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1 Subtitle B—Prevention of Nuclear 

2 Terrorism 

3 SEC. 811. NEW SECTION 2332I OF TITLE 18, UNITED STATES 

4 CODE. 

5 (a) IN GENERAL.—Chapter 113B of title 18, United 

6 States Code, is amended by adding after section 2332h 

7 the following: 

8 ‘‘§ 2332i. Acts of nuclear terrorism 

9 ‘‘(a) OFFENSES.— 

10 ‘‘(1) IN GENERAL.—Whoever knowingly and 

11 unlawfully— 

12 ‘‘(A) possesses radioactive material or 

13 makes or possesses a device— 

14 ‘‘(i) with the intent to cause death or 

15 serious bodily injury; or 

16 ‘‘(ii) with the intent to cause substan17 tial damage to property or the environ18 ment; or 

19 ‘‘(B) uses in any way radioactive material 

20 or a device, or uses or damages or interferes 

21 with the operation of a nuclear facility in a 

22 manner that causes the release of or increases 

23 the risk of the release of radioactive material, 

24 or causes radioactive contamination or exposure 

25 to radiation— 

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1 ‘‘(i) with the intent to cause death or 

2 serious bodily injury or with the knowledge 

3 that such act is likely to cause death or se4 rious bodily injury; 

5 ‘‘(ii) with the intent to cause substan6 tial damage to property or the environment 

7 or with the knowledge that such act is like8 ly to cause substantial damage to property 

9 or the environment; or 

10 ‘‘(iii) with the intent to compel a per11 son, an international organization or a 

12 country to do or refrain from doing an act, 

13 shall be punished as prescribed in subsection 

14 (c). 

15 ‘‘(2) THREATS.—Whoever, under circumstances 

16 in which the threat may reasonably be believed, 

17 threatens to commit an offense under paragraph (1) 

18 shall be punished as prescribed in subsection (c). 

19 Whoever demands possession of or access to radio20 active material, a device or a nuclear facility by 

21 threat or by use of force shall be punished as pre22 scribed in subsection (c). 

23 ‘‘(3) ATTEMPTS AND CONSPIRACIES.—Whoever 

24 attempts to commit an offense under paragraph (1) 

25 or conspires to commit an offense under paragraph 

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1 (1) or (2) shall be punished as prescribed in sub2 section (c). 

3 ‘‘(b) JURISDICTION.—Conduct prohibited by sub4 section (a) is within the jurisdiction of the United States 

5 if— 

6 ‘‘(1) the prohibited conduct takes place in the 

7 United States or the special aircraft jurisdiction of 

8 the United States; 

9 ‘‘(2) the prohibited conduct takes place outside 

10 of the United States and— 

11 ‘‘(A) is committed by a national of the 

12 United States, a United States corporation or 

13 legal entity or a stateless person whose habitual 

14 residence is in the United States; 

15 ‘‘(B) is committed on board a vessel of the 

16 United States or a vessel subject to the jurisdic17 tion of the United States (as defined in section 

18 70502 of title 46) or on board an aircraft that 

19 is registered under United States law, at the 

20 time the offense is committed; or 

21 ‘‘(C) is committed in an attempt to compel 

22 the United States to do or abstain from doing 

23 any act, or constitutes a threat directed at the 

24 United States; 

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1 ‘‘(3) the prohibited conduct takes place outside 

2 of the United States and a victim or an intended vic3 tim is a national of the United States or a United 

4 States corporation or legal entity, or the offense is 

5 committed against any state or government facility 

6 of the United States; or 

7 ‘‘(4) a perpetrator of the prohibited conduct is 

8 found in the United States. 

9 ‘‘(c) PENALTIES.—Whoever violates this section shall 

10 be fined not more than $2,000,000 and shall be impris11 oned for any term of years or for life. 

12 ‘‘(d) NONAPPLICABILITY.—This section does not 

13 apply to— 

14 ‘‘(1) the activities of armed forces during an 

15 armed conflict, as those terms are understood under 

16 the law of war, which are governed by that law; or 

17 ‘‘(2) activities undertaken by military forces of 

18 a state in the exercise of their official duties. 

19 ‘‘(e) DEFINITIONS.—As used in this section, the 

20 term— 

21 ‘‘(1) ‘armed conflict’ has the meaning given 

22 that term in section 2332f(e)(11) of this title; 

23 ‘‘(2) ‘device’ means: 

24 ‘‘(A) any nuclear explosive device; or 

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1 ‘‘(B) any radioactive material dispersal or 

2 radiation-emitting device that may, owing to its 

3 radiological properties, cause death, serious 

4 bodily injury or substantial damage to property 

5 or the environment; 

6 ‘‘(3) ‘international organization’ has the mean7 ing given that term in section 831(f)(3) of this title; 

8 ‘‘(4) ‘military forces of a state’ means the 

9 armed forces of a country that are organized, 

10 trained and equipped under its internal law for the 

11 primary purpose of national defense or security and 

12 persons acting in support of those armed forces who 

13 are under their formal command, control and re14 sponsibility; 

15 ‘‘(5) ‘national of the United States’ has the 

16 meaning given that term in section 101(a)(22) of 

17 the Immigration and Nationality Act (8 U.S.C. 

18 1101(a)(22)); 

19 ‘‘(6) ‘nuclear facility’ means: 

20 ‘‘(A) any nuclear reactor, including reac21 tors on vessels, vehicles, aircraft or space ob22 jects for use as an energy source in order to 

23 propel such vessels, vehicles, aircraft or space 

24 objects or for any other purpose; 

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1 ‘‘(B) any plant or conveyance being used 

2 for the production, storage, processing or trans3 port of radioactive material; or 

4 ‘‘(C) a facility (including associated build5 ings and equipment) in which nuclear material 

6 is produced, processed, used, handled, stored or 

7 disposed of, if damage to or interference with 

8 such facility could lead to the release of signifi9 cant amounts of radiation or radioactive mate10 rial; 

11 ‘‘(7) ‘nuclear material’ has the meaning given 

12 that term in section 831(f)(1) of this title; 

13 ‘‘(8) ‘radioactive material’ means nuclear mate14 rial and other radioactive substances that contain 

15 nuclides that undergo spontaneous disintegration (a 

16 process accompanied by emission of one or more 

17 types of ionizing radiation, such as alpha-, beta-, 

18 neutron particles and gamma rays) and that may, 

19 owing to their radiological or fissile properties, cause 

20 death, serious bodily injury or substantial damage to 

21 property or to the environment; 

22 ‘‘(9) ‘serious bodily injury’ has the meaning 

23 given that term in section 831(f)(4) of this title; 

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1 ‘‘(10) ‘state’ has the same meaning as that 

2 term has under international law, and includes all 

3 political subdivisions thereof; 

4 ‘‘(11) ‘state or government facility’ has the 

5 meaning given that term in section 2332f(e)(3) of 

6 this title; 

7 ‘‘(12) ‘United States corporation or legal entity’ 

8 means any corporation or other entity organized 

9 under the laws of the United States or any State, 

10 Commonwealth, territory, possession or district of 

11 the United States; 

12 ‘‘(13) ‘vessel’ has the meaning given that term 

13 in section 1502(19) of title 33; and 

14 ‘‘(14) ‘vessel of the United States’ has the 

15 meaning given that term in section 70502 of title 

16 46.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 113B of title 18, United 

19 States Code, is amended by inserting after the item relat20 ing to section 2332h the following: 

‘‘2332i. Acts of nuclear terrorism.’’. 

21 (c) DISCLAIMER.—Nothing contained in this section 

22 is intended to affect the applicability of any other Federal 

23 or State law that might pertain to the underlying conduct. 

24 (d) INCLUSION IN DEFINITION OF FEDERAL CRIMES

25 OF TERRORISM.—Section 2332b(g)(5)(B) of title 18, 

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1 United States Code, is amended by inserting ‘‘2332i (re2 lating to acts of nuclear terrorism),’’ before ‘‘2339 (relat3 ing to harboring terrorists)’’. 

4 SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, 

5 UNITED STATES CODE. 

6 Section 831 of title 18, United States Code, is 

7 amended— 

8 (a) in subsection (a)— 

9 (1) by redesignating paragraphs (3) through 

10 (8) as (4) through (9); 

11 (2) by inserting after paragraph (2) the fol12 lowing: 

13 ‘‘(3) without lawful authority, intentionally car14 ries, sends or moves nuclear material into or out of 

15 a country;’’; 

16 (3) in paragraph (8), as redesignated, by strik17 ing ‘‘an offense under paragraph (1), (2), (3), or 

18 (4)’’ and inserting ‘‘any act prohibited under para19 graphs (1) through (5)’’; and 

20 (4) in paragraph (9), as redesignated, by strik21 ing ‘‘an offense under paragraph (1), (2), (3), or 

22 (4)’’ and inserting ‘‘any act prohibited under para23 graphs (1) through (7)’’; 

24 (b) in subsection (b)— 

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1 (1) in paragraph (1), by striking ‘‘(7)’’ and in2 serting ‘‘(8)’’; and 

3 (2) in paragraph (2), by striking ‘‘(8)’’ and in4 serting ‘‘(9)’’; 

5 (c) in subsection (c)— 

6 (1) in subparagraph (2)(A), by adding after 

7 ‘‘United States’’ the following: ‘‘or a stateless person 

8 whose habitual residence is in the United States’’; 

9 (2) by striking paragraph (5); 

10 (3) in paragraph (4), by striking ‘‘or’’ at the 

11 end; and 

12 (4) by inserting after paragraph (4), the fol13 lowing: 

14 ‘‘(5) the offense is committed on board a vessel 

15 of the United States or a vessel subject to the juris16 diction of the United States (as defined in section 

17 70502 of title 46) or on board an aircraft that is 

18 registered under United States law, at the time the 

19 offense is committed; 

20 ‘‘(6) the offense is committed outside the 

21 United States and against any state or government 

22 facility of the United States; or 

23 ‘‘(7) the offense is committed in an attempt to 

24 compel the United States to do or abstain from 

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1 doing any act, or constitutes a threat directed at the 

2 United States.’’; 

3 (d) by redesignating subsections (d) through (f) as 

4 (e) through (g), respectively; 

5 (e) by inserting after subsection (c): 

6 ‘‘(d) NONAPPLICABILITY.—This section does not 

7 apply to— 

8 ‘‘(1) the activities of armed forces during an 

9 armed conflict, as those terms are understood under 

10 the law of war, which are governed by that law; or 

11 ‘‘(2) activities undertaken by military forces of 

12 a state in the exercise of their official duties.’’; and 

13 (f) in subsection (g), as redesignated— 

14 (1) in paragraph (6), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (7), by striking the period at 

17 the end and inserting a semicolon; and 

18 (3) by inserting after paragraph (7), the fol19 lowing: 

20 ‘‘(8) the term ‘armed conflict’ has the meaning 

21 given that term in section 2332f(e)(11) of this title; 

22 ‘‘(9) the term ‘military forces of a state’ means 

23 the armed forces of a country that are organized, 

24 trained and equipped under its internal law for the 

25 primary purpose of national defense or security and 

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121 

•S 1123 IS

1 persons acting in support of those armed forces who 

2 are under their formal command, control and re3 sponsibility; 

4 ‘‘(10) the term ‘state’ has the same meaning as 

5 that term has under international law, and includes 

6 all political subdivisions thereof; 

7 ‘‘(11) the term ‘state or government facility’ 

8 has the meaning given that term in section 

9 2332f(e)(3) of this title; and 

10 ‘‘(12) the term ‘vessel of the United States’ has 

11 the meaning given that term in section 70502 of 

12 title 46.’’. 

Æ 

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